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THE MOTOR VEHICLES ACT, 1988

(59 OF 1988) (14 Oct. 1988)

An Act to consolidate and amend the law relating to motor vehicles.

Be it enacted by parliament in the Thirty-ninth Year of the Republic of India

as follows : -

Statement of objects and Reasons. - The motor vehicles Act, 1939 ( 4 of

1939), consolidates and amends the law relating to motor vehicles. This has

been amended several times to keep it up to date. The need was, however, felt

that this Act should, now inter alia, take into account also changes in the road

transport technology, pattern of passenger and freight movements, developments,

of the road network in the country and particularly the improved techniques in

the motor vehicles management.

2. Various Committees, like, National Transport Policy Committee,

National Police Commission, Road Safety Committee, Low Powered Two –

Wheelers Committee, as also the Law Commission have gone into different

aspects of road transport. They have recommended updating, simplification and

rationalization of this law. Several Members of Parliament have also urged for

comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to

the modern – day requirements.

3. A Working Group was, therefore, constituted in January, 1984 to

review all the provisions of the Motor Vehicles Act, 1939 and to submit draft

proposals for a comprehensive legislation to replace the existing Act. This

Working Group took into account the suggestions and recommendations earlier

made by various bodies and institutions like Central Institute of Road Transport

(CIRT), Automotive Research Association of India (ARAI), and other transport

organisations including, the manufacturers and the general public, Besides,

obtaining comments of State Governments on the recommendations of the

Working Group, these were discussed in a specially convened meeting of

Transport Ministers of all States and Union territories. Some of the more

important modifications so suggested related for taking care of -

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(a) the fast increasing number of both commercial vehicles and

personal vehicles in the country ;

(b) the need for encouraging adoption of higher technology in

automotive sector;

(c) the greater flow of passenger and freight with the least

impediments so that islands of isolation are not created leading to regional or

local imbalances;

(d) concern for road safety standards, and pollution-control measures,

standards for transportation of hazardous and explosive materials;

(e) simplification of procedure and policy liberalization’s for private

sector operations in the road transport field ; and

(f) need for effective ways of tracking down traffic offenders.

4. The Supreme Court in M. K. Kunhimohammed v. P. A. Ahmedkutty

(1987) 4 S.C.C. 284, has made certain suggestions to raise the limit of

compensation payable as a result of motor accidents in respect of death and

permanent disablement in the event of there being no proof of fault on the

part of the person involved in the accident and also in hit and run motor

accidents and to remove certain disparities in the liability of the insurer to pay

compensation depending upon the class or type of vehicles involved in the

accident. The above suggestions made by the Supreme Court have been

incorporated in the Bill.

5. The proposed legislation has been prepared in the light of the

above background. Some of the more important provisions of the Bill provide

for the following matters, namely :-

(a) rationalization of certain definitions with additions of certain new

definitions of new types of vehicles;

(b) stricter procedures relating to grant of driving licences and the

period of validity thereof;

(c) laying down of standards for the components and parts of motor

vehicles;

(d) standards for anti-pollution control devices;

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(e) provision for issuing fitness certificates of vehicles also by the

authorised testing stations;

(f) enabling provision for updating the system of registration marks;

(g) liberalised schemes for grant of stage carriage permits on non-

nationalised routes, all-India Tourist permits and also national permits for goods

carriages;

(h) administration of the Solatium Scheme by the General Insurance

Corporation;

(i) provision for enhanced compensation in cases of “no fault

liability” and in hit and run motor accidents;

(j) provision for payment of compensation by the insurer to the

extent of actual liability to the victims of motor accidents irrespective of the

class of vehicles;

(k) maintenance of State registers for driving licences and vehicle

registration;

(l) constitution of Road Safety Councils.

6. The Bill also seeks to provide for more deterrent punishment in

the cases of certain offences.

7. The Notes on clauses explain the provisions of the Bill.

Amendment Act 54 of 1994 - Statement of Objects and Reasons. - The

Motor Vehicles Act, 1988 (59 of 1988) consolidated and rationalised various

laws regulating road transport. The Act came into force with effect from 1

st

July, 1989 replacing the Motor Vehicles Act, 1939.

2. After the coming into force of the Motor Vehicles Act, 1988,

Government received a number of representations and suggestions from the state

govt. transport operators and members of public regarding the inconvenience faced

by them because of the operation of some of the provisions of the 1988 Act.

A Review Committee was, therefore, constituted by the Government in March,

1990 to examine and review the 1988 Act.

3. The recommendations of the Review Committee were forwarded to

the State Governments for comments and they generally agree with these

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recommendations. The Government also considered a large number of

representations received, after finalisation of the Report of the Review

Committee, from the transport operators and public for making amendments in

the Act. The draft of the proposals based on the recommendation of the

Review Committee and representations from the public were placed before the

Transport Development Council for seeking their views in the matter. The

important suggestions made by the Transport Development Council relate to, or

are on account of, -

(a) The introduction of newer type of vehicles and fast

increasing number of both commercial and personal vehicles in the country.

(b) Providing adequate compensation to victims of road

accidents without going into longdrawn procedure;

(c) Protecting consumers’ interest in Transport Sector;

(d) Concern for road safety standards, transport of hazardous

chemicals and pollution control;

(e) Delegation of greater powers to State Transport Authorities

and rationalising the role of public authorities in certain matters;

(f) The simplification of procedures and policy liberalisation in

the field of Road Transport;

(g) Enchancing penalties for traffic offenders.

4. Therefore, the proposed legislation has been prepared in the light

of the above background. The Bill inter alia provides for –

(a) modification and amplification of certain definitions of new

type of vehicles ;

(b) simplification of procedure for grant of driving licences;

(c) putting restrictions on the alteration of vehicles;

(d) certain exemptions for vehicles running on non-polluting

fuels;

(e) ceilings on individuals or company holdings removed to

curb “benami” holdings;

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(f) states authorised to appoint one or more State Transport

Appellate Tribunals;

(g) punitive checks on the use of such components that do not

conform to the prescribed standards by manufactures, and also stocking / sale

by the traders;

(h) increase in the amount of compensation of the victims of

hit and run cases;

(i) removal of time limit for filling of application by road

accident victims for compensation;

(j) epunishment in case of certain offences is made stringent;

(k) a new pre-determined formula for payment of compensation

to road accident victims on the basis of age / income, which is more liberal

and rational.

5. The Law Commission in its 119

th

Report had recommended that

every application for a claim be made to the Claims Tribunal having jurisdiction

over the area in which the accident occurred or to the Claims Tribunal within

the local limits of whose jurisdiction the claimant resides or carries on business

or within the local limits of whose jurisdiction the defendant resides, at the

option of the claimant. The bill also makes necessary provision to give effect

to the said recommendation.

Amendment Act 27 of 2000 – Statement of Objects and Reasons. – The

Motor Vehicles Act, 1988 consolidated and rationalised various laws regulating

road transport. The said Act was amended in 1994.

2. Further amendments in the aforesaid Act have become necessary

so as to reduce the vehicular pollution and to ensure the safety of the road

users. It is, therefore, proposed to prohibit alteration of vehicles in any manner

including change of tyres of higher capacity. However, the alteration of

vehicles with a view to facilitating the use of eco-friendly fuel including

Liquefied Petroleum Gas (LPG) is being permitted. Further, it is proposed to

confer powers on the Central Government to allow the alteration of vehicles

for certain specified purposes.

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3. At present, the educational institutions are not required to obtain

permits for the operation of buses owned by them. It is proposed to bring

the buses run by these institutions within the purview of the aforesaid Act by

requiring them to obtain permits.

4. It is also proposed to allow renewal of permits, driving licences

and registration certificates granted under the Motor Vehicles Act, 1939 to be

renewed under the Motor Vehicles Act, 1988, by inserting new section 217 – A.

5. The proposed amendments are essential in the overall interest of

securing road safety and maintaining a clean environment.

Amendment Act 39 of 2001 - Statement of Objects and Reasons. – The

Motor Vehicles Act, 1988 (59 of 1988) is a Central legislation through which the

road transport is regulated in the country. By the Motor Vehicles (Amendment )

Act, 1994, inter alia, amendments were made for make special provisions under

sections 66 & 67 so as to provide that vehicles operating on eco–friendly fuels

shall be exempted from the requirements of permits and also the owners of

such vehicles shall have the discretion to fix fares and freights for carriage of

passengers and goods. The intention in bringing the said amendments was to

encourage the operation of vehicles with such eco-friendly fuels.

2. However, it has been observed that during the last several years,

not only the supply of eco-friendly fuels like CNG has increased tremendously,

a large number of vehicles have come on the road which in terms of sections

66 and 67, as amended by the Motor Vehicles ( Amendment) Act, 1994, are

operating without any requirement of permits and are, therefore, not subject to

any control of the State Governments. The number of such vehicles is likely

to further increase substantially.

3. The aforesaid situation is likely to lead to indiscipline on the road

and consequent increase in the road accidents. It is, therefore, considered essential

to remove exemption provided under sections 66 and 67 of the said Act to

CNG operated vehicles so that vehicles which operate on eco-friendly fuels are

also covered by the terms and conditions applicable to all other vehicles.

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4. The proposed amendments are essential in the overall interest of

securing road safety and maintaining a clean environment.

5. The Bill seeks to achieve the above object.

CHAPTER - I

PRELIMINARY

1. Short title, extent and commencement. – (1) This Act may be

called The Motor Vehicles Act, 1988.

(2) It extends to the whole of India.

(3) It shall come into force on such date* as the Central Government

may, by notification in the Official Gazette, appoint, and different dates may be

appointed for different States and any reference in this Act to the

commencement of this Act shall, in relation to a State, be construed as a

reference to the coming into force of this Act in that State.

2. Definitions. – In this Act, unless the context otherwise requires, -

(1) “area”, in relation to any provision of this Act, means such

area as the State Government may, having regard to the requirements of that

provision, specify by notification in the Official Gazette;

(2) “articulated vehicle” means a motor vehicle to which a

semi-trailer is attached;

Corresponding Law. – Section 2(2) corresponds to section 2(1-A) of the

Motor Vehicles Act, 1939.

(3) “axle weight” means in relation to an axle of a vehicle the

total weight transmitted by the several wheels attached to that axle to the

surface on which the vehicle rests;

Corresponding Law. – Section 2(3) corresponds to section 2(1-B) of the

Motor Vehicles Act, 1939.

(4) “certificate of registration” means the certificate issued by a

competent authority to the effect that a motor vehicle has been duly registered

in accordance with the provisions of Chapter IV;

Corresponding Law. – Section 2(4) corresponds to section 2(2) of the

Motor Vehicles Act, 1939.

* Brought into force on 1

st

July, 1989.

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(5) “conductor”, in relation to a stage carriage, means a person

engaged in collecting fares from passengers, regulating their entrance into,

or exit from, the stage carriage and performing such other functions as may be

prescribed;

Corresponding Law. – Section 2(5) corresponds to section 2(2-B) of the

Motor Vehicles Act, 1939.

(6) “conductor’s licence” means the licence issued by a

competent authority under Chapter III authorising the person specified therein to

act as a conductor;

Corresponding Law. – Section 2(6) corresponds to section 2(2-C) of the

Motor Vehicles Act, 1939.

(7) “contract carriage” means a motor vehicle which carries a

passenger or passengers for hire or reward and is engaged under a contract,

whether expressed or implied, for the use of such vehicle as a whole for the

carriage of passengers mentioned therein and entered into by a person with a

holder of a permit in relation to such vehicle or any person authorised by him

in this behalf on a fixed or an agreed rate or sum –

(a) on a time basis, whether or not with reference to any

route or distance; or

(b) from one point to another,

and in either case, without stopping to pick up or set down passengers not

included in the contract anywhere during the journey, and includes –

(i) a maxicab; and

(ii) a motorcab notwithstanding that separate fares

are charged for its passengers;

Corresponding Law. – Section 2(7) corresponds to section 2(3) of the

Motor Vehicles Act, 1939.

(8) “dealer” includes a person who is engaged –

(a) 1[ * * * ]

1. Sub.-Cl. (a) omitted by Act 54 of 1994, S. 2 ( w.e.f. 14-11-1994 ). Prior to its omission, sub-

Cl.(a) read as under :-

“(a) in the manufacture of motor vehicles ; or”.

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(b) in building bodies for attachment to chassis;

(c) or in the repair of motor vehicles; or

(d) in the business of hypothecation, leasing or hire-purchase of motor

vehicle;

Corresponding Law.- Section 2(8) corresponds to section 2(4) of the Motor

Vehicle Act, 1939.

(9) “driver” includes, in relation to a motor vehicle which is drawn

by another motor vehicle, the person who acts as a steersman of the drawn vehicle;

Corresponding Law.- Section 2(9) corresponds to section 2(5) of the Motor

Vehicles Act, 1939.

(10) “driving licence” means the licence issued by a competent

authority under Chapter II authorising the person specified therein to drive, otherwise

than as a learner, a motor vehicle or a motor vehicle of any specified class or

description;

Corresponding Law.- Section 2(10) corresponds to section 2(5-A) of the Motor

Vehicles Act, 1939.

(11) “educational institution bus” means an omnibus, which is owned

by a college, school or other educational institution and used solely for the purpose of

transporting students or staff of the educational institution in connection with any of

its activities;

Corresponding Law.- This is a new provision in the 1998 Act.

(12) “fares” includes sums payable for a season ticket or in respect of

the hire of a contract carriage;

Corresponding Law.

- Section 2 (12) corresponds to section 2 (6) of the Motor

Vehicles Act, 1939.

(13) “goods” includes livestock, and anything ( other than equipment

ordinarily used with the vehicle ) carried by a vehicle except living persons, but does

not include luggage or personal effects carried in a motor car or in a trailer attached to

a motor car or the personal luggage of passengers travelling in the vehicle;

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Corresponding Law.- Section 2 (13) corresponds to section 2 (7) of the Motor

Vehicles Act, 1939.

(14) “goods carriage” means any motor vehicle constructed or adapted

for use solely for the carriage of goods, or any motor vehicle not so constructed or

adapted when used for the carriage of goods;

Corresponding Law.- Section 2 (14) corresponds to secti0n 2 (8) of the Motor

Vehicles Act, 1939.

(15) “gross vehicle weight” means in respect of any vehicle the total

weight of the vehicle and load certified and registered by the registering authority as

permissible for that vehicle;

Corresponding Law. - This is a new provision in the 1988 Act.

(16) “heavy goods vehicle” means any goods carriage the gross

vehicle weight of which, or a tractor or a road-roller the unladen weight of either of

which, exceeds 12,000 kilograms;

Corresponding Law.- Section 2 (16) corresponds to section 2 (9) of the Motor

Vehicles Act, 1939.

(17) “heavy passenger motor vehicle” means any public service

vehicle or private service vehicle or educational institution bus or omnibus the gross

vehicle weight of any of which, or a motor car the unladen weight of which, exceeds

12,000 kilograms.

Corresponding Law.- Section 2 (17) corresponds to section 2 (9-A) of the

Motor Vehicles Act, 1939.

(18) “invalid carriage” means a motor vehicle specially designed and

constructed, and not merely adapted, for the use of a person suffering from some

physical defect or disability, and used solely by or for such a person;

Corresponding Law.- Section 2 (18) corresponds to section 2 (10) of the Motor

Vehicles Act, 1939.

(19) “learner’s licence’ means the licence issued by a competent

authority under Chapter II authorising the person specified therein to drive as a

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learner, a motor vehicle or a motor vehicle of any specified class or description;

Corresponding Law. - This is a new provision in the 1988 Act.

(20) “licensing authority” means an authority empowered to issue

licence under Chapter II or, as the case may be, chapter III ;

Corresponding Law. - Section 2 (20) corresponds to section 2 (12) of the

Motor Vehicles Act, 1939.

(21) “light motor vehicle” means a transport vehicle or omnibus the

gross vehicle weight of either of which or a motor car or tractor or road-roller the

unladen weight of any of which, does not exceed

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[7500] kilograms ;

Corresponding Law. - Section 2 (21) corresponds to section 2 (13) of the

Motor Vehicles Act, 1939.

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[(21-A) “manufacturer” means a person who is engaged in the

manufacture of motor vehicles ;]

Corresponding Law .- This is a new provision in the 1988 Act.

(22) “maxicab” means any motor vehicle constructed or adapted to

carry more than six passengers, but not more than twelve passengers, excluding the

driver, for hire or reward ;

Corresponding Law. - This is a new provision in the 1988 Act.

(23) “medium goods vehicle” means any goods carriage other than a

light motor vehicle or a heavy goods vehicle ;

Corresponding Law. - Section 2 (23) corresponds to section 2 (14) of the

Motor Vehicles Act, 1939.

(24) “medium passenger motor vehicle” means any public service

vehicle or private service vehicle, or educational institution bus other than a motor

cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle ;

2. Substituted for “6000” by Act 54 of 1994, S.2.(w.e.f. 14-11-1994).

3. Inserted, ibid (w.e.f. 14-11-1994).

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Corresponding Law. - Section 2 (24) corresponds to section 2 (14-A) of the

Motor Vehicles Act, 1939.

3. “motorcab” means any motor vehicle constructed or adapted to carry

not more than six passengers excluding the driver for hire or reward ;

Corresponding Law. - Section 2 (25) corresponds to section 2 (15) of the

Motor Vehicles Act, 1939.

(25) “motor car” means any motor vehicle other than a transport

vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage ;

Corresponding Law. - Section 2 (26) corresponds to section 2 (16) of the

Motor Vehicles Act, 1939.

(26) “motor cycle” means a two-wheeled motor vehicle, inclusive of

any detachable side-car having an extra wheel, attached to the motor vehicle;

Corresponding Law. - Section 2 (27) corresponds to section 2 (17) of the

Motor Vehicles Act, 1939.

(28) “motor vehicle” or “vehicle” means any mechanically propelled

vehicle adapted for use upon roads whether the power of propulsion is transmitted

thereto from an external or internal source and includes a chassis to which a body has

not been attached and a trailer ; but does not include a vehicle running upon fixed rails

or a vehicle of a special type adapted for use only in a factory or in any other enclosed

premises or a vehicle having less than four wheels fitted with engine capacity of not

exceeding

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[twenty-five cubic centimeters] ;

Corresponding Law. - Section 2 (28) corresponds to section 2 (18) of the

Motor Vehicles Act, 1939.

Tractor-trailer.

- A Division Bench of the Punjab and Haryana High Court in

United India Insurance Company Ltd. v. Pritpal Singh (1996-2) 113 Punj. L.R. 49

held that even though trailer may be drawn by a motor vehicle if by if self is a motor

vehicle and both the Tractor & Trailer taken together would constitute a transport

vehicle.

4. Substituted for “thirty-five cubic centimetres” by Act 54 of 1994,S.2 (w.e.f.14-11-1994)

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(29) “omnibus” means any motor vehicle constructed or adapted to

carry more than six persons excluding the driver ;

Corresponding Law.- Section 2 (29) corresponds to section 2 (18-A) of the

Motor Vehicles Act, 1939.

(30) “owner” means a person in whose name a motor vehicle stands

registered and where such person is a minor, the guardian of such minor, and in

relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an

agreement of lease or an agreement of hypothecation, the person in possession of the

vehicle under that agreement ;

Corresponding Law.- Section 2 (30) corresponds to section 2 (19) of the Motor

Vehicles Act, 1939.

(31) “permit” means a permit issued by a State or Regional Transport

Authority or an authority prescribed in this behalf under this Act authorising the use of

motor vehicle as a transport vehicle ;

Corresponding Law. - Section 2 (31) corresponds to section 2 (20) of the

Motor Vehicles Act, 1939.

(32) “prescribed” means prescribed by rules made under this Act;

Corresponding Law. - Section 2 (32) corresponds to section 2 (21) of the

Motor Vehicles Act, 1939.

(33) “private service vehicle” means a motor vehicle constructed or

adapted to carry more than six persons excluding the driver and ordinarily used by or

on behalf of the owner of such vehicle for the purpose of carrying persons for, or in

connection with, his trade or business otherwise than for hire or reward but does not

include a motor vehicle used for public purposes ;

Corresponding Law.

- Section 2 (33) corresponds to section 2 (22) of the

Motor Vehicles Act, 1939.

(34) “public place” means a road, street, way or other place, whether a

thoroughfare or not, to which the public have a right of access, and includes any place

or stand at which passengers are picked up or set down by a stage carriage ;

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Corresponding Law. - Section 2 (34) corresponds to section 2 (24) of the

Motor Vehicles Act, 1939.

(35) “public service vehicle” means any motor vehicle used or adapted

to be used for the carriage of passengers for hire or reward, and includes a maxicab, a

motorcab, contract carriage, and stage carriage ;

Corresponding Law. - Section 2 (35) corresponds to section 2 (25) of the

Motor Vehicles Act, 1939.

(36) “registered axle weight” means in respect of the axle of any

vehicle, the axle weight certified and registered by the registering authority as

permissible for that axle;

Corresponding Law. - Section 2 (36) corresponds to section 2 (26) of the

Motor Vehicles Act, 1939.

(37) “registering authority” means an authority empowered to register

motor vehicles under Chapter IV ;

Corresponding Law. - Section 2 (37) corresponds to section 2 (28) of the

Motor Vehicles Act, 1939.

(38) “route” means a line of travel which specifies the highway which

may be traversed by a motor vehicle between one terminus and another ;

Corresponding Law. - Section 2 (38) corresponds to section 2 (28-A) of the

Motor Vehicles Act, 1939.

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[(39) “semi-trailer” means a vehicle not mechanically propelled ( other

tan a trailer ), which is intended to be connected to a motor vehicle and which is so

constructed that a portion of it is super-imposed on, and a part of whose weight is

borne by, that motor vehicle ;]

Corresponding Law.

- This is a new provision in the 1988 Act.

5. Cl. (39) substituted by Act 54 of 1994, S.2 (w.e.f. 14-11-1994). Prior to its substitution, Cl.

(39) read as under :-

“(39) ‘semi-trailer’ means a trailer drawn by a motor vehicle and so constructed that a part of

it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;”.

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(40) “stage carriage” means a motor vehicle constructed or adapted to

carry more than six passengers excluding the driver for hire or reward at separate

fares paid by or for individual passengers, either for the whole journey or for stages of

the journey ;

Corresponding Law.- Section 2 (40) corresponds to section 2 (29) of the Motor

Vehicles Act, 1939.

(41) “State Government” in relation to a Union territory, means the

Administrator thereof appointed under article 239 of the Constitution ;

Corresponding Law. - This is a new provision in the 1988 Act.

(42) “State transport undertaking” means any undertaking providing

road transport service, where such undertaking is carried on by –

(i) the Central Government or a State Government ;

(ii) any Road Transport Corporation established under section

3 of the Road Transport Corporations Act, 1950 ;

(iii) any municipality or any corporation or company owned or

controlled by the Central Government or one or more State Governments, or by the

Central Government and one or more State Government ;

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(iv) Zilla Parishad or any other similar local authority.

Explanation. – For the purposes of this clause, “road transport service” means a

service of motor vehicles carrying passengers or goods or both by road for hire or

reward;

Corresponding Law. – Section 2(42) corresponds to section 68-A(b) of the

Motor Vehicles Act, 1939.

(43) “tourist vehicle” means a contract carriage constructed or adapted

and equipped and maintained in accordance with such specifications as may be

prescribed in this behalf;

Corresponding Law.- Section 2 (43) corresponds to section 2 (29-A) of the

Motor Vehicles Act, 1939.

6. Inserted, ibid (w.e.f. 14-11-1994).

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(44) “tractor” means a motor vehicle which is not itself constructed to

carry any load (other than equipment used for the purpose of propulsion); but

excludes a road-roller;

Corresponding Law.

- Section 2 (44) corresponds to section 2 (30) of the Motor

Vehicles Act, 1939.

(45) “traffic signs” includes all signals, warning sign posts, direction

posts, markings on the road or other devices for the information, guidance or direction

of drivers of motor vehicles ;

Corresponding Law.- Section 2 (45) corresponds to section 2 (31) of the Motor

Vehicles Act, 1939.

(46) “trailer” means any vehicle, other than a semi-trailer and a side-

car, drawn or intended to be drawn by a motor vehicle ;

Corresponding Law. - Section 2 (46) corresponds to section 2 (32) of the

Motor Vehicles Act, 1939.

(47) “transport vehicle” means a public service vehicle, a goods

carriage, an educational institution bus or a private service vehicle ;

Corresponding Law. - Section 2 (47) corresponds to section 2 (33) of the

Motor Vehicles Act, 1939.

(48) “unladen weight” means the weight of a vehicle or trailer

including all equipment ordinarily used with the vehicle or trailer when working, but

excluding the weight of a driver or attendant; and where alternative parts or bodies are

used the unladen weight of the vehicle means the weight of the vehicle with the

heaviest such alternative part or body ;

Corresponding Law. - Section 2 (48) corresponds to section 2 (34) of the

Motor Vehicles Act, 1939.

(49) “weight” means the total weight transmitted for the time being

by the wheels of a vehicle to the surface on which the vehicle rests.

Corresponding Law. - This is a new provision in the 1988 Act.

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CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3. Necessity for driving licence. - (1) No person shall drive a motor

vehicle in any public place unless he holds an effective driving licence issued to him

authorising him to drive the vehicle ; and no person shall so drive a transport vehicle

[other than

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[ a motorcab or motor cycle] hired for his own use or rented under

any scheme made under sub - section (2) of section 75] unless his driving licence

specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a

person receiving instructions in driving a motor vehicle shall be such as may be

prescribed by the Central Government.

Corresponding Law.- Section 3 (1) corresponds to section 3 (1) of the Motor

Vehicles Act, 1939.

Objects and Reasons.- Clause 3, sub-clause (1), provides for the need to have a

licence to drive a motor vehicle & a special authorisation to drive a transport vehicle.

Sub-clause (2) empowers the Central Government to prescribe conditions

subject to which a vehicle may be driven by a person receiving instructions in driving.

4. Age limit in connection with driving of motor vehicles. – (1) No

person under the age of eighteen years shall drive a motor vehicle in any public place:

Provided that

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[a motor cycle with engine capacity not exceeding 50 cc] may

by driven in a public place by a person after attaining the age of sixteen year.

(2) Subject to the provisions of section 18, no person under the age of

twenty years shall drive a transport vehicle in any public place.

(3) No learner’s licence or driving licence shall be issued to any person to

drive a vehicle of the class to which he has made an application unless he is eligible to

drive that class of vehicle under this section.

7. Substituted for “a motorcab” by Act 54 of 1994, S.3 (w.e.f. 14-11-1994).

8. Substituted for “a motor cycle without gear” by Act 54 of 1994, S. 4 ( w.e.f. 14-11-

1994).

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Corresponding Law. - Section 4 corresponds to section 4 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 4 provides that a person who has completed

sixteen years of age may drive a motor cycle without gear. To drive a motor vehicle

other than a transport vehicle, the person must have completed eighteen years of age

and to drive a transport vehicle a person must have completed twenty year of age. This

clause seeks to prohibit the issue of a licence to drive a motor cycle or a motor vehicle

to those persons who do not satisfy the above age requirements.

5. Responsibility of owners of motor vehicles for contravention of

sections 3 and 4.

- No owner or person in charge of a motor vehicle shall cause or

permit any person who does not satisfy the provisions of section 3 section 4 to drive

the vehicle.

Corresponding Law. - Section 5 corresponds to section 5 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 5 prohibits the owner or person in charge of a

motor vehicle permitting any person who does not satisfy the age requirement to drive

the vehicle.

6. Restrictions on the holding of driving licences.

- (1) No person

shall, while he holds any driving licence for the time being in force, hold any other

driving licence except a learner’s licence or a driving licence issued in accordance

with the provisions of section 18 or a document authorising, in accordance with the

rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving licence or a learner’s licence shall permit it to be

used by any other person.

(3) Nothing in this section shall prevent a licensing authority having the

jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of

vehicles which the driving licence authorises the holder to drive.

Corresponding Law. - Section 6 corresponds to section 6 of the Motor

Vehicles Act, 1939.

19

Objects and Reasons. - Clause 6 seeks to impose certain restrictions on the

holding of driving licences by certain persons.

7. Restrictions on the granting of learner’s licences for certain

vehicles.

-

9

[(1) No person shall be granted a learner’s licence to drive a transport

vehicle unless he has held a driving licence to drive a light motor vehicle for at least

one year.]

(2) No person under the age of eighteen years shall be granted a learner’s

licence to drive motorcycle without gear except with the consent in writing of the

person having the care of the person desiring the learner’s licences.

Corresponding Law. - This is a new provision in the 1988 Act.

Objects and Reasons.-Clause 7 prescribes certain minimum driving experience

in light motor vehicle before a person becomes qualified to drive a medium or heavy

passenger motor vehicle or goods carriages. This clause also prohibits the grant of

licence to drive a motor cycle without gear to any person who has completed sixteen

years of age without production of a consent letter from the guardian.

8. Grant of learner’s licence. - (1) Any person who is not disqualified

under section 4 for driving a motor vehicle and who is not for the time being

disqualified for holding or obtaining a driving licence may, subject to the provisions

of section 7, apply to the licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12

from where he intends to receive instruction in driving a motor vehicle is situate, for

the issue to him of a learner’s licence.

9. Sub-S. (1) substituted by Act 54 of 1994, S. 5 (w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (1) read as under .-

“(1) No person shall be granted a learner’s licence :-

(a) to drive a heavy goods vehicle unless he has held a driving licence for at least

two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;

(b) to drive a heavy passenger motor vehicle unless he has held a driving licence

for at least two years to drive a light motor vehicle or for at least one year to drive a medium

passenger motor vehicle ;

(c) to drive a medium goods vehicle or a medium passenger motor vehicle unless

he has held a driving licence for at least one year to drive a light motor vehicle.”

20

(2) Every application under sub-section (1) shall be in such form and shall

be accompanied by such documents and with such fee as may be prescribed by

the Central Government.

(3) Every application under sub-section (1) shall be accompanied by a

medical certificate in such form as may be prescribed by the Central Government and

signed by such registered medical practitioner, as the State Government or any person

authorised in this behalf by the State Government may, by notification in the Official

Gazette, appoint for this purpose.

10

[ Provided that no such medical certificate is required for licence to drive a

vehicle other than a transport vehicle.]

(4) If, from the application or from the medical certificate referred to in sub-

section (3) it appears that the applicant is suffering from any disease or disability

which is likely to cause the driving by him of a motor vehicle of the class which he

would be authorised by the learner’s licence applied for to drive to be a source of

danger to the public or to the passengers, the licensing authority shall refuse to issue

the learner’s licence;

Provided that a learner’s licence limited to driving an invalid carriage may be

issued to the applicant, if the licensing authority is satisfied that he is fit to drive such

a carriage.

(5) No ,learner’s licence shall be issued to any applicant unless he passes to

the satisfaction of the licensing authority such test as may be prescribed by the Central

Government.

(6) When an application has been duly made to the appropriate licensing

authority and the applicant has satisfied such authority of his physical fitness under

sub-section (3) and has passed to the satisfaction of the licensing authority the test

referred to in sub-section (5) the licensing authority shall, subject to the provisions of

section 7, issue the applicant a learner’s licence unless the applicant is disqualified

under section 4 for driving a motor vehicle or is for the time being disqualified for

holding or obtaining a licence to drive a motor vehicle.

10. Added by Act 54 of 1994, S. 6 ( w.e.f. 14-11-1994 ).

21

Provided that a licensing authority may issue a learner’s licence to drive a

motor cycle or a light motor vehicle notwithstanding that it is not the appropriate

licensing authority, if such authority is satisfied that there is good reason for the

applicant’s inability to apply to the appropriate licensing authority.

(7) Where the Central Government is satisfied that it is necessary or

expedient so to do, it may, by rules made in this behalf, exempt generally, either

absolutely or subject to such conditions as may be specified in the rules, any class of

persons from the provisions of sub-section (3) or sub-section (5), or both.

(8) Any learner’s licence for driving a motor cycle in force immediately

before the commencement of this Act shall, after such commencement, be deemed to

be effective for driving a motor cycle with or without gear.

Corresponding Law. - This is a new provision in the 1988 Act.

Objects and Reasons. - Clause 8 lays down the procedure in making an

application for the grant of learner’s licence. A pass in the test on the rules on the road

and a strict medical test are pre-conditions for the issue of the learner’s licence. This

clause, however, seeks to empower the Central Government to exempt any class of

persons from the above tests.

9. Grant of driving licence. - (1) Any person who is not for the time

being disqualified for holding or obtaining a driving licence may apply to the

licensing authority having jurisdiction in the area –

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12

from where he is receiving or has received instruction in driving a motor vehicle is

situated,

for the issue to him of a driving licence.

(2) Every application under sub-section (1) shall be in such form and shall

be accompanied by such fee and such documents as may be prescribed by the Central

Government.

22

11

[(3) If the applicant passes such test as may be prescribed by the Central

Government, he shall be issued the driving licence :

Provided that no such test shall be necessary where the applicant produces

proof to show that –

(a) (i) the applicant has previously held a driving licence to drive such class of

vehicle and that the period between the date of expiry of that licence and the date of

the application does not exceed five years, or

(ii) the applicant holds or has previously held a driving licence to drive such

class of vehicle issued under section 18, or

11. Sub-S. (3) substituted by Act 54 of 1994, S. 7 (w.e.f. 14-11-1994). Prior to its substitution,

sub-S. (3) read as under :-

“(3) No driving licence shall be issued to any applicant unless he passes to the satisfaction of

the licensing authority such test of competence to drive as may be prescribed by the Central

Government :

Provided that, where the application is for a driving licence to drive a motor cycle or a light

motor vehicle, the licensing authority shall exempt the applicant from the test of competence

prescribed under this sub-section, if the licensing authority is satisfied :

(a) (i) that the applicant has previously held a driving licence and that the period between

the date of expiry of that licence and the date of such application does not exceed five years ; or

(ii)that the applicant holds or has previously held a driving licence issued under

section 18 ; or

(ii)that the applicant holds a driving licence issued by a competent authority of any

country outside India ; and

(b) that the applicant is not suffering from any disease or disability which is likely to

cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source

of danger to the public ; and as the licensing authority may for that purpose require the applicant to

produce a medical certificate in the same form and in the same manner as is referred to in sub-section

(3) of section 8:

Provided further that where the application is for a driving licence to drive a motor vehicle (

not being a transport vehicle), the licensing authority may exempt the applicant from the test of

competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate

issued by an automobile association recognised in this behalf by the State Government.”

23

(iii) the applicant holds a driving licence to drive such class of vehicle

issued by a competent authority of any country outside India, subject to the

condition that the applicant complies with the provisions of sub-section (3) of section

8,

(b) the applicant is not suffering from any disability which is likely to cause

driving by him to be a source of danger to the public ; and the licensing authority may,

for that purpose, require the applicant to produce a medical certificate in the same

form and in the same manner as is referred to in sub-section (3) of section 8 :

Provided further that where the application is for a driving licence to drive a

motor vehicle (not being a transport vehicle), the licensing authority may exempt the

applicant from the test of competence to drive a vehicle prescribed under this sub-

section, if the applicant possesses a driving certificate issued by any institution

recognised in this half by the State Government.]

(4) Where the application is for a licence to drive a transport vehicle, no such

authorisation shall be granted to any applicant unless he possesses such minimum

educational qualification as may be prescribed by the Central Government and a

driving certificate issued by a school or establishment referred to in section 12.

12

[(5) Where the applicant does not pass the test, he may be permitted to re-

appear for the test after a period of seven days :

Provided that where the applicant does not pass the test even after three

appearances, he shall not be qualified to re-appear for such test before the expiry of a

period of sixty days from the date of last such test.]

(6) The test of competence to drive shall be carried out in a vehicle of the

type to which the application refers:

12. Sub-S. (5) substituted by Act 54 of 1994, S. 7 ( w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (5) reads as under :-

“(5) Where the applicant does not pass to the satisfaction of the licensing authority the test of

competence to drive under sub-S. (3), he shall not be qualified to re-appear for such test, -

(a) in the case of first three such tests, before a period of one month from the date of last

such test ; and

(b) in the case of such test after the first three tests, before a period of one year from the

date of last such test.”

24

Provided that a person who passed a test in driving a motor cycle with gear

shall be deemed also to have passed a test in driving a motor cycle without gear.

(7) When any application has been duly made to the appropriate

licensing authority and the applicant has satisfied such authority of his

Competence to drive, the licensing authority shall issue the applicant a driving

licence unless the applicant is for the time being disqualified for holding or obtaining

a driving licence :

Provided that a licensing authority may issue a driving licence to drive a motor

cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing

authority :

Provided further that the licensing authority shall not issue a new driving

licence to the applicant, if he had previously held a driving licence, unless it is

satisfied that there is good and sufficient reason for his inability to obtain a duplicate

copy of his former licence.

(8) If the licensing authority is satisfied, after giving the applicant an

opportunity of being heard, that he –

(a) is a habitual criminal or a habitual drunkard ; or

(b) is a habitual addict to any narcotic drug or psychotropic substance

within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( 61

of 1985 ) ; or

(c) is a person whose licence to drive any motor vehicle has, at any time

earlier, been revoked,

It may for reasons to be recorded in writing, make an order refusing to issue a

driving licence to such person and any person aggrieved by an order made by a

licensing authority under this sub-section may, within thirty days of the receipt of the

order, appeal to the prescribed authority.

(9) Any driving licence for driving a motor cycle in force immediately

before the commencement of this Act shall, after such commencement, be deemed to

be effective for driving a motor cycle with or without gear.

25

Corresponding Law.- Sub-sections (1),(2),(3),(6) and (7) of section 9

correspond to sub-sections (1),(2),(6), (7) and (8) respectively, of section 7 of the

Motor Vehicles Act, 1939. However, sub-sections (4),(5),(8) and (9) of section9, are

new provisions.

Objects and Reasons. - Clause 9 sets out the procedures in the grant of driving

licences. A pass in the test of competence to drive a motor vehicle of the type to which

the application refers, is a pre-condition for the grant of driving licence. This clause

also seeks to empower the Central Government to exempt certain class of persons

from the test of competence to drive. This clause also seeks to impose a condition that

applicants for licence to drive a transport vehicle should produce alongwith the

application a driving certificate from a recognised driving institution. It also provides

the circumstances under which a licensing authority may refuse to issue a driving

licence.

10. Form and contents of licences to drive. - (1) Every learner’s

licence and driving licence, except a driving licence issued under section 18, shall be

in such form and shall contain such information as may be prescribed by the Central

Government.

(2) A learner’s licence or as the case may be, driving licence shall also be

expressed as entitling the holder to drive a motor vehicle of one or more of the

following classes, namely :-

(a) motor cycle without gear;

(b) motor cycle with gear ;

(c) invalid carriage ;

(d) light motor vehicle ;

13

[(e) transport vehicle ;]

13. Substituted for sub-Cls. (e) to (h) by Act 54 of 1994, S. 8 (w.e.f. 14-11-1994). Prior to

their substitution, sub-Cls. (e) to (h) read as under :-

“(e) Medium goods vehicle ;

(f) medium passenger motor vehicle ;

(g) heavy goods vehicle ;

(h) heavy passenger motor vehicle ;”

26

(i) road-roller ;

(ii) motor vehicle of a specified description.

Corresponding Law.- Section 10 corresponds to section 8 of the Motor

Vehicles Act, 1939.

Objects and Reasons.

- Clause 10 empowers the Central Government to

prescribe the form of learner’s licence and the form of driving licence.

11. Additions to driving licence. - (1) Any person holding a driving

licence to drive any class or description of motor vehicles, who is not for the time

being disqualified for holding or obtaining a driving licence to drive any other class or

description of motor vehicles, may apply to the licensing authority having jurisdiction

in the area in which he resides or carries on his business in such form and

accompanied by such documents and with such fees as may be prescribed by the

Central Government for the addition of such other class or description of motor

vehicles to the licence.

(2) Subject to such rules as may be prescribed by the Central government,

the provisions of section 9 shall apply to an application under this section as if the said

application were for the grant of a licence under that section to drive the class or

description of motor vehicles which the applicant desires to be added to his licence.

Corresponding Law. - Section 11 corresponds to section 8-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 11 makes provisions for the addition of another

class of motor vehicle to any driving licence on application made by the holder of the

licence, and lays down the procedure in making the application.

12. Licensing and regulation of schools or establishments for

imparting instruction in driving of motor vehicles.

- (1) The Central

Government may make rules for the purpose of licensing and regulating, by the State

Governments, schools or establishments ( by whatever name called ) for imparting

instruction in driving of motor vehicles and matters connected therewith.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely :-

27

(a) licensing of such schools or establishments including grant, renewal

and revocation of such licences;

(b) supervision of such schools or establishments ;

(c) the form of application and the form of licence and the particulars to

be contained therein ;

(d) fee to be paid with the application for such licences ;

(e) conditions subject to which such licences may be granted ;

(f) appeals against the orders of refusal to grant or renew such licences

and appeals against the orders revoking such licences ;

(g) conditions subject to which a person may establish and maintain any

such school or establishment for imparting instruction in driving of motor vehicles;

(h) nature, syllabus and duration of course or courses for efficient

instruction in driving any motor vehicle ;

(i) apparatus and equipments ( including motor vehicles fitted with dual

control ) required for the purpose of imparting such instruction ;

(j) suitability of the premises at which such schools or establishments

may be established or maintained and facilities to be provided therein ;

(k) qualifications, both educational and professional ( including

experience ), which a person imparting instruction in driving a motor vehicle shall

possess ;

(l) inspection of such schools and establishments ( including the

services rendered by them and the apparatus, equipments and motor vehicles

maintained by them for imparting such instruction ) ;

(m) maintenance of records by such schools or establishments ;

(n) financial stability of such schools or establishments ;

(o) the driving certificates, it any, to be issued by such schools or

establishments and the form in which such driving certificates shall be issued and the

28

requirements to be complied with for the purposes of issuing such certificates ;

(p) such other matters as may be necessary to carry out the purposes

of this section.

(3) Where the Central Government is satisfied that it is necessary or

expedient so to do, it may, by rules made in this behalf, exempt generally, either

absolutely or subject to such conditions as may be specified in the rules, any class of

schools or establishments imparting instruction in driving of motor vehicles or matters

connected therewith from the provisions of this section.

(4) A school or establishment imparting instruction in driving of motor

vehicles or matters connected therewith immediately before the commencement of

this Act, whether under a licence or not may continue to impart such instruction

without a licence issued under this Act for a period of one month from such

commencement, and if it has made an application for such licence under this Act

within the said period of one month and such application is in the prescribed form,

contains the prescribed particulars and is accompanied by the prescribed fee, till the

disposal of such application by the licensing authority.

Corresponding Law. - This is a new provision in the 1988 Act.

Objects and Reasons. - Clause 12 confers upon the Central Government the

power to make rules for the licensing of driving schools by the State Government for

imparting instruction in driving motor vehicle. The rules provide for the qualifications

of the instructors of the driving schools, conditions subject to which the licences may

be granted, the authorities to grand the licence, appellate authorities, etc., the time

within which the existing establishments, if any, should apply for the licence. It also

empowers the Central Government to exempt any persons or establishments from the

operation of the provision of this clause.

13. Extent of effectiveness of licences to drive motor vehicles. - A

learner’s licence or a driving licence issued under this Act shall be effective

throughout India.

Corresponding Law.- Section 13 corresponds to section 9(1) of the Motor

Vehicles Act, 1939.

29

Objects and Reasons. - Clause 13 specified the extent of validity of a learner’s

licence and a driving licence. The licences are to be valid throughout India.

14. Currency of licences to drive motor vehicles.

- (1) A learner’s

licence issued under this Act shall, subject to the other provisions of this Act, be

effective for a period of six months from the date of issue of the licence.

(2) A driving licence issued or renewed under this Act shall –

(a) in the case of a licence to drive a transport vehicle, be effective

for a period of three years :

14

[*]

15

[Provided that in the case of licence to drive a transport vehicle carrying

goods of dangerous or hazardous nature be effective for a period of one year and

renewal thereof shall be subject to the condition that the driver undergoes one day

refresher course of the prescribed syllabus ; and ]

(b) in the case of any other licence -

(i) if the person obtaining the licence, either originally or on

renewal thereof, has not attained the age of

16

[ fifty years ] on the date of issue or, as

the case may be, renewal thereof –

(A) be effective for a period of twenty years from the

date of such issue or renewal ; or

(B) until the date on which such person attains the age

of

17

[ fifty years ], whichever is earlier ;

18

[ (ii) if the person referred to in sub-clause (i), has

attained the age of fifty years on the date of issue or, as the case may be, renewal

14. The word “and” omitted by Act 54 of 1994, S.9 (w.e.f. 14-11-1994).

15. Inserted, ibid (w.e.f. 14-11-1994).

16. Substituted, ibid, for “forty years” (w.e.f. 14-11-1994).

17. Substituted, ibid, for “forty years” (w.e.f. 14-11-1994).

18. Sub-Cl. (ii) substituted by Act 54 of 1994, S. 9 (w.e.f. 14-11-1994). Prior to its

substitution, sub-Cl. (ii) read as under :-

“(ii) if the person referred to in sub-clause (i) has attained the age of forty years on

the date of issue or , as the case may be, renewal thereof, be effective, for a period of five years from

the date of such issue or renewal.”

30

thereof, be effective, on payment of such fee as may be prescribed, for a period of five

years from the date of such issue or renewal : ]

Provided that every driving licence shall, notwithstanding its expiry under this

sub-section, continue to be effective for a period of thirty days from such expiry.

Corresponding Law. - Section 14 corresponds to section 10 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 14 lays down that a learner’s licence shall be

valid for six months. It also provides that in respect of persons who have not attained

40 years of age, the issue and renewal of driving licence, to drive non-transport

vehicle, shall be for 20 year or until the date on which the holder attains 40 years of

age, whichever is earlier and in respect of persons who have attained 40 years of age,

for every 5 years. The issue and renewal of driving licence to drive transport vehicle

will be for 3 years and the driving licence shall be deemed to continue to be effective

for 30 days after the date of its expiry.

15. Renewal of driving licences. - (1) Any licensing authority may, on

application made to it, renew a driving licence issued under the provisions of this Act

with effect from the date of its expiry :

Provided that in any case where the application for the renewal of a licence is

made more than thirty days after the date of its expiry, the driving licence shall be

renewed with effect from the date of its renewal :

Provided further that where the application is for the renewal of a licence to

drive a transport vehicle or where in any other case the applicant has attained the age

of forty years, the same shall be accompanied by a medical certificate in the same

form and in the same manner as is referred to in sub-section (3) of section 8, and the

provisions of sub-section (4) of section 8 shall, so far as may be apply in relation to

every such case as they apply in relation to a learner’s licence.

(2) An application for the renewal of a driving licence shall be made in such

form and accompanied by such documents as may be prescribed by the Central

Government.

(3) Where an application for the renewal of a driving licence is made

31

previous to, or not more than thirty days after the date of its expiry, the fee payable for

such renewal shall be such as may be prescribed by the Central Government in

this behalf.

(4) Where an application for the renewal of a driving licence is made more

than thirty days after the date of its expiry, the fee payable for such renewal shall be

such amount as may be prescribed by the Central government :

Provided that the fee referred to in sub-section (3) may be accepted by the

licensing authority in respect of an application for the renewal of a driving licence

made under this sub-section if it is satisfied that the applicant was prevented by good

and sufficient cause from applying within the time specified in sub-section (3) :

Provided further that if the application is made more than five years after the

driving licence has ceased to be effective, the licensing authority may refuse to renew

the driving licence, unless the applicant undergoes and passess to its satisfaction the

test of competence to drive referred to in sub-section (3) of section 9.

(5) Where the application for renewal has been rejected, the fee paid shall

be refunded to such extent and in such manner as may be prescribed by the Central

Government.

(6) Where the authority renewing the driving licence is not the authority

which issued the driving licence it shall intimate the fact of renewal to the authority

which issued the driving licence.

Corresponding Law. - Sub-section (1),(2),(3),(4),(5) and (6) of section 15

corresponds to sub-section (1),(2),(3),(3-A)(3-B) and (4), respectively, of section 11

of the Motor Vehicles Act, 1939.

Objects and Reasons. - clause 15 provides that if the application for renewal

of driving licence is made within 30 days of its expiry, it shall be renewed from the

date of its expiry and application for renewal made after 30 days and before 5 years of

its expiry, it shall be renewed from the date of such renewal. Application for renewal

of driving licence to drive transport vehicle and application for renewal of driving

licence to drive non-transport vehicle from persons who have attained 45 years of age

shall be accompanied by a medical certificate.

32

16. Revocation of driving licence on grounds of disease or

disability

. - Notwithstanding anything contained in the foregoing sections, any

licensing authority may at any time revoke driving licence or may require, as a

condition of continuing to hold such driving licence, the holder thereof to produce a

medical certificate in the same form and in the same manner as is referred to in sub-

section (3) of section 8, if the licensing authority has reasonable grounds to believe

that the holder of the driving licence is, by virtue of any disease or disability, unfit to

drive a motor vehicle and where the authority revoking a driving licence is not the

authority which issued the same, it shall intimate the fact of revocation to the authority

which issued that licence.

Corresponding Law. - Section 16 corresponds to section 12 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 16 seeks to empower the licensing authorities to

revoke the driving licences if the holder of driving licence is found medically unfit to

drive by virtue of any disease or disability.

17. Orders refusing or revoking driving licences and appeals there

form.

- (1) Where a licensing authority refuses to issue any learner’s licence

or to issue or renew, or revokes, any driving licence, or refuses to add a class or

description of motor vehicle to any driving licence, it shall do so by an order

communicated to the applicant or the holder, as the case may be, giving the reasons in

writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may,

within thirty days of the service on him of the order, appeal to the prescribed authority

which shall decide the appeal after giving such person and the authority which made

the order an opportunity of being heard and the decision of the appellate authority

shall be binding on the authority which made the order.

Corresponding Law. - Section 17 corresponds to section 13 of the Motor

Vehicles Act, 1939.

33

Objects and Reasons. - Clause 17 requires that when the licensing authority

refuses to renew, issue or revokes a licence, it shall give its reasons in writing to

the holder of the licence. This also provides for appeal against the orders of the

licensing authority to the prescribed authority.

18. Driving licences to drive motor vehicles, belonging to the

Central Government .

- (1) Such authority as may be prescribed by the Central

Government may issue driving licence valid throughout India to persons who have

completed their eighteen year to drive motor vehicles which are the property or for the

time being under the exclusive control of the Central Government and are used for

Government purposes relating to the defence of the country and unconnected with any

commercial enterprise.

(2) A driving licence issued under this section shall specify the class or

description of vehicle which the holder is entitled to drive and the period for which he

is so entitled.

(3) A driving licence issued under this section shall not entitle the holder to

drive any motor vehicle except a motor vehicle referred to in sub-section (1).

(4) The authority issuing any driving licence under this section shall, at the

request of any State Government, furnish such information respecting any person to

whom a driving licence is issued as that Government may at any time require.

Corresponding Law.

- Section 18 corresponds to section 14 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 18 confers upon the Central Government the

power to prescribe the authority for the grant of driving licences to drive motor

vehicles, which are the property of the Central Government, and are used for

Government purposes relating to the defence of the country.

19. Power of licensing authority to disqualify from holding a

driving licence or revoke such licence .

- (1) If a licensing authority is satisfied,

after giving the holder of a driving licence an opportunity of being heard, that the –

(a) is a habitual criminal or a habitual drunkard ; or

34

(b) is a habitual addict to any narcotic drug or psychotropic

substance within the meaning of the Narcotic Drugs and Psychotropic Substances

Act, 1985 ; or

(c) is using or has used a motor vehicle in the commission of a

cognizable offence ; or

(d) has by his previous conduct as driver of a motor vehicle shown

that his driving is likely to be attended with danger to the public ; or

(e) has obtained any driving licence or a licence to drive a particular

class or description of motor vehicle by fraud or misrepresentation ; or

(f) has committed any such act which is likely to cause nuisance or

danger to the public, as may be prescribed by the Central Government, having regard

to the objects of this Act; or

(g) has failed to submit to, or has not passed, the tests referred to in

the proviso to sub-section (3) of section 22 ; or

(h) being a person under the age of eighteen years who has been

granted a learner’s licence or a driving licence with the consent in writing of the

person having the care of the holder of the licence and has ceased to be in such care,

it may, for reasons to be recorded in writing, make an order –

(i) disqualifying that person for a specified period for holding or

obtaining any driving licence to drive all or any classes or descriptions of vehicles

specified in the licence ; or

(ii) revoke any such licence.

(2) Where an order under sub-section (1) is made, the holder of a driving

licence shall forthwith surrender his driving licence to the licensing authority making

the order, if the driving licence has not already been surrendered, and the licensing

authority shall, -

(a) if the driving licence is a driving licence issued under this Act, keep

it until the disqualification has expired or has been removed ; or

35

(b) if it is not a driving licence issued under this Act, endorse the

disqualification upon it and send it to the licensing authority by which it was

issued ; or

(c) in the case of revocation of any licence, endorse the revocation upon

it and if it is not the authority which issued the same, intimate the fact of revocation to

the authority which issued that licence ;

Provided that where the driving licence of a person authorises him to drive

more than one class or description of motor vehicles and the order, made under sub-

section (1), disqualifies him from driving any specified class or description of motor

vehicles, the licensing authority shall endorse the disqualification upon the driving

licence and return the same to the holder.

(3) Any person aggrieved by an order made by a licensing authority under

sub-section (1) may, within thirty days of the receipt of the order, appeal to the

prescribed authority, and such appellate authority shall give notice to the licensing

authority and hear either party if so required by that party and may pass such order as

it thinks fit and an order passed by any such appellate authority shall be final.

Corresponding Law. - Section 19 corresponds to section 15 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause19 contains provisions for the disqualification

of the holder of the licence, by the licensing authorities, for holding or obtaining

the licence for a specified period or for revoking the licence for the reasons

enumerated in this clause. It also makes provision for appeal against the orders of the

licensing authorities to the prescribed authorities.

20. Power of Court to disqualify. - (1) Where a person is convicted of

an offence under this Act or of an offence in the commission of which a motor vehicle

was used, the Court by which such person is convicted may, subject to the provisions

of this Act, in addition to imposing any other punishment authorised by law, declare

the persons so convicted to be disqualified, for such period as the Court may specify,

from holding any driving licence to drive all classes or description of vehicles, or any

particular class or description of such vehicles, as are specified in such licence :

36

Provided that in respect of an offence epunishable under section 183 no such

order shall be made for the first or second offence.

(2) Where a person is convicted of an offence under clause (c) of sub-

section (1) of section 132, section 134 or section 185, the Court convicting any person

of any such offence shall order the disqualification under sub section (I) and if the

offence is relatable to clause (c) of sub-section (1) of section 132 or section 134, such

disqualification shall be for a period of not less than one month, and if the offence is

relatable to section 185, such disqualification shall be for a period of not less than six

months.

(3) A Court shall, unless for special reasons to be recorded in writing it

thinks fit to order otherwise, order the disqualification of a person –

(a) who having been convicted of an offence punishable under section

184 is again convicted of an offence epunishable under that section,

(b) who is convicted of an offence epunishable under section 189, or

(c) who is convicted of an offence epunishable under section 192 :

Provided that the period of disqualification shall not exceed, in the case

referred to in clause (a), five years, or, in the case referred to in clause (b), two years

or, in the case referred to in clause (c), one year.

(4) A Court ordering the disqualification of a person convicted of an offence

epunishable under section 184 may direct that such person shall, whether he has

previously passed the test of competence to drive as referred to in sub-section (3) of

section 9 or not, remain disqualified until he has subsequent to the making of the order

of disqualification passed that test to the satisfaction of the licensing authority.

(5) The Court to which an appeal would ordinarily lie from any conviction

of an offence of the nature specified in sub-section (1) may set aside or vary any order

of disqualification made under that sub-section notwithstanding that no appeal would

lie against the conviction as a result of which such order of disqualification was made.

Corresponding Law. - Sub-section (1), (2), (3), (4), and (5) of section 20

corresponds to sub-sections (1), (4), (5), (6) and (7) respectively, of section 17 of the

Motor Vehicles Act, 1939.

37

Objects and Reasons. -Clause 20 seeks to authorise the Courts to

disqualify the holders of driving licences for a specified period on conviction under

this Act.

21. Suspension of driving licence in certain cases . - (1) Where, in

relation to a person who had been previously convicted of an offence epunishable

under section 184, a case is registered by a police officer on the allegation that such

person has, by such dangerous driving as is referred to in the said section 184, of any

class or description of motor vehicle caused the death of , or grievous hurt to, one or

more persons, the driving licence held by such person shall in relation to such class or

description of motor vehicle become suspended –

(a) for a period of six months from the date on which the case is

registered, or

(b) if such person is discharged or acquitted before the expiry of the

period aforesaid, until such discharge or acquittal, as the case may be.

(2) Where, by virtue of the provisions of sub-section (1), the driving licence

held by a person becomes suspended, the police officer, by whom the case referred to

in sub-section (1) is registered, shall bring such suspension to the notice of he Court

competent to take cognizance of such offence, and thereupon, such Court shall take

possession of the driving licence, endorse the suspension thereon and intimate the fact

of such endorsement to the licensing authority by which the licence was granted or

last renewed.

(3) Where the person referred to in sub-section (1) is acquitted or

discharged, the Court shall cancel the endorsement on such driving licence with

regard to the suspension thereof.

(4) If a driving licence in relation to a particular class or description of

motor vehicles is suspended under sub-section (1), the person holding such licence

shall be debarred from holding or obtaining any licence to drive such particular class

or description of motor vehicles so long as the suspension of the driving licence

remains in force.

38

Corresponding Law. - Section 21 corresponds to section 17-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 21 provides for automatic suspension of the

driving licence of the person who has caused the death of or grievous hurt to one or

more persons, for a period of 6 months or until the person is discharged or acquitted

by the Court, whichever is earlier.

22. Suspension or cancellation of driving licence on conviction. - (1)

Without prejudice to the provisions of sub-section (3) of section 20 where a person,

referred to in sub-section (1) of section 21 is convicted of an offence of causing, by

such dangerous driving as is referred to in section 184 of any class or description of

motor vehicle the death of or grievous hurt to, one or more persons, the Court by

which such person is convicted may cancel, or suspend for such period as it may think

fit, the driving licence held by such person insofar as it relates to that class or

description of motor vehicle.

(2) Without prejudice to the provisions of sub-section (2) of section 20, if a

person, having been previously convicted of an offence epunishable under section 185

is again convicted of an offence epunishable under that section, the Court, making such

subsequent conviction, shall, by order, cancel the driving licence held by such person.

(3) If a driving licence is cancelled or suspended under this section, the

Court shall take the driving licence in its custody, endorse the cancellation or, as the

case may be, suspension, thereon and send the driving licence so endorsed to the

authority by which the licence was issued or last renewed and such authority shall, on

receipt of the licence, keep the licence in its safe custody, and in the case of a

suspended licence, return the licene to the holder thereof after the expiry of the period

of suspension on an application made by him for such return.

Provided that no such licence shall be returned unless the holder thereof has,

after the expiry of the period of suspension, undergone and passed, to the satisfaction

of the licensing authority by which the licence was issued or last renewed, a fresh test

of competence to drive referred to in sub-section (3) of section 9 and produced a

39

medical certificate in the same form and in the same manner as is referred to in sub-

section (3) of section 8.

(4) If a licence to drive a particular class or description of motor vehicles is

cancelled or suspended under this section, the person holding such a licence shall be

debarred from holding, or obtaining, any licence to drive such particular class or

description of motor vehicles so long as the cancellation or suspension of the driving

licence remains in force.

Corresponding Law. - Section 22 corresponds to section 17-B of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 22 confers upon the Court convicting the

holders of licences for certain offences, the powers to suspend or cancel the driving

licences. It also provides for a compulsory test of competence to drive and a strict

medical test for the drivers involved in fatal accidents before the licence is returned to

the holder. Failure in any one of the two tests will entail in cancellation of the licence

under clause 19.

23. Effect of disqualification order. - (1) A person in respect of whom any

disqualification order is made under section 19 or section 20 shall be debarred to the

extent and for the period specified in such order from holding or obtaining a driving

licence and the driving licence, if any, held by such person at the date of the order

shall cease to be effective to such extent and during such period.

(2) the operation of a disqualification order made under section 20 shall not

be suspended or postponed while an appeal is pending against such order or against

the conviction as a result of which such order is made, unless the appellate Court so

directs.

(3) Any person in respect of whom any disqualification

order has been made may at any time after the expiry of six months from the date of

the order, apply to the Court or other authority by which the order was made, to

remove the disqualification ; and the Court or authority, as the case may be, may

having regard to all the circumstances, either cancel or vary the disqualification order :

40

Provided that where the Court or other authority refuses to cancel or vary any

disqualification order under this section, a second application thereunder shall not

be entertained before the expiry of a period of three months from the date of such

refusal.

Corresponding Law. - Section 23 corresponds to section 18 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 23 lays down that on the orders of the Courts

disqualifying the holder of the licence, the licence shall cease to be effective.

24. Endorsement. - (1) The Court or authority making an order of

disqualification shall endorse or cause to be endorsed upon the driving licence, if any,

held by the person disqualified, particulars of the order of disqualification and of any

conviction of an offence in respect of which an order of disqualification is made ; and

particulars of any cancellation or variation of an order of disqualification made under

sub-section (3) of section 23 shall be similarly so endorsed.

(2) A Court by which any person is convicted of an offence under this Act

as may be prescribed by the Central Government, having regard to the objects of this

Act, shall, whether or not a disqualification order is made in respect of such

conviction, endorse or cause to be endorsed particulars of such conviction on any

driving licence held by the person convicted.

(3) Any person accused of an offence prescribed under sub-section (2) shall

when attending the Court bring with him his driving licence if it is in his possession.

(4) Where any person is convicted of any offence under this Act and

sentenced to imprisonment for a period exceeding three nonths, the Court awarding

the sentence shall endorse the fact of such sentence upon the driving licence of the

person concerned and the prosecuting authority shall intimate the fact of such

endorsement to the authority by which the driving licence was granted or last

renewed.

(5) When the driving licence is endorsed or caused to be endorsed by any

Court, such Court shall send the particulars of the endorsement to the licensing

authority by which the driving licence was granted or last renewed.

41

(6) Where on an appeal against any conviction or order of a Court, which

has been endorsed on a driving licence, the appellate Court varies or sets aside the

conviction or order, the appellate court shall inform the licensing authority by which

the driving licence was granted or last renewed and such authority shall amend or

cause to be amended the endorsement.

Corresponding Law. - Sub-section 1(, (2), and (3) of section 24 corresponds to

sub-sections (1), (2) and (3), respectively, of section 19 of the Motor Vehicles Act,

1939. However, sub-sections (4), (5) and (6) of section 24 are new provisions.

Objects and Reasons. - Clause 24 requires the Court or the Authorities making

an order of disqualification, to make entries of such disqualifications in the driving

licences held by that person.

25. Transfer of endorsement and issue of driving licence free from

endorsement.

- (1) An endorsement on any driving licence shall be transferred to

any new or duplicate driving licence obtained by the holder thereof until the holder

becomes entitled under the provisions of this section to have a driving licence issued

to him free from endorsement.

(2) Where a driving licence is required to be endorsed and the driving

licence is not in the possession of the Court or authority by which the endorsement is

to be made, then –

(a) if the person in respect of whom the endorsement is to be made is

at the time the holder of a driving licence, he shall produce the driving licence to the

Court or authority within five days, or such longer time as the Court or authority may

fix ; or

(b) if, not being then the holder of a driving licence, he subsequently

obtains a driving licence, he shall within five days after obtaining the driving licence

produce it to the Court or authority ;

and if the driving licence is not produced within the time specified, it shall, on the

expiration of such time, be of no effect until it is produced for the purpose of

endorsement.

42

(3) A person whose driving licence has been endorsed shall, if during a

continuous period of three years after such endorsement no further endorsement

has been made against him, be entitled on surrendering his driving licence and on

payment of a fee of five rupees, to receive a new driving licence free from all

endorsements :

Provided that if the endorsement is only in respect of an offence contravening

the speed limits referred to in section 112, such person shall be entitled to receive a

new driving licence free from such endorsements on the expiration of one year of the

date of the endorsement :

Provided further that in reckoning the said period of three years and one year,

respectively, and period during which the said person was disqualified for holding or

obtaining a driving licence shall be excluded.

Corresponding Law.

- Section 25 corresponds to section 20 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 25 enables the licensing authorities to transfer

the endorsements of disqualification to any new or duplicate licences issued to the

holder of the licence. It also provides for the issue of fresh driving licence free of

endorsements, if during a continuous period of three years from the last endorsement,

there has been no further orders of endorsement.

26. Maintenance of State Registers of Driving Licences. - (1) Each

State Government shall maintain, in such form as may be prescribed by the Central

Government, a register to be known as the State Register of Driving Licences, in

respect of driving llicences issued and renewed by the licensing authorities of the

State Government, containing the following particulars, namely :-

(a) names and addresses of holders of driving licences ;

(b) licence numbers ;

(c) dates of issue or renewal of licences ;

(d) dates of expiry of licences ;

(e) classes and types of vehicles authorised to be driven ; and

43

(f) such other particulars as the Central government may prescribe.

(2) Each State government shall supply to the Central Government

a

19

[printed copy or copy in such other form as the Central Government may require],

of the State Register of Driving Licences, and shall inform the Central Government

without delay of all additions to and other amendments in such register made from

time to time.

(3) The State Register of Driving Licences shall be maintained in such

manner as may be prescribed by the State Government.

Corresponding Law. - This is a new provision in the 1988 Act.

Objects and Reasons. - Clause 26 contains provisions for the maintenance of a

State register of driving licences by the States in such form as may be prescribed by

the Central Government. It also provides that the State Governments shall furnish a

copy of the State register on direction by the Central Government.

27. Power of Central Government to make rules. - The Central

Government may make rules –

(a) regarding conditions referred to in sub-section (2) of section 3 ;

(b) providing for the form in which the application for learner’s licence

may be made, the information it shall contain and the documents to be submitted with

the application referred to in sub-section (2) of section 8 ;

(c) providing for the form of medical certificate referred to in sub-

section 3 of section 8 ;

(d) providing for the particulars for the test referred to in sub-section (5)

of section 8 ;

(e) providing for the form in which the application for driving licence

may be made, the information it shall contain and the documents to be submitted with

the application referred to in sub-section (2) of section 9. ;

(f) providing for the particulars regarding test of competence to drive,

referred to in sub-section (3) of section 9 ;

44

19. Substituted for “printed copy” by Act 54 of 1994, S. 10 ( w.e.f. 14-11-1994 ).

(g) specifying the minimum educational qualifications of persons to

whom licences to drive transport vehicles may be issued under this Act and the time

within which such qualifications are to be acquired by such persons;

(h) providing for the form and contents of the licences referred to in sub-

section (1) of section 10 ;

(i) providing for the form and contents of the application referred to in

sub-section (1) of section 11 and documents to be submitted with the application and

the fee to be charged ;

(j) providing for the conditions subject to which section 9 shall apply to

an application made under section 11 ;

(k) providing for the form and contents of the application referred to in

sub-section (1) of section 15 and the documents to accompany such application under

sub-section (2) of section 15 ;

(l) providing for the authority to grant licences under sub-section (1) of

section 18 ;

(m) specifying the fees payable under sub-section (2) of section 8,

sub-section (2) of section 9 and sub-section (3) and (4) of section 15 for the grant of

learner’s licences, and for the grant and renewal of driving licences and licences for

the purpose of regulating the schools or establishments for imparting instructions in

driving motor vehicles ;

(n) specifying the acts for the purposes of clause (f) of sub-section (1) of

section 19 ;

(o) specifying the offences under this Act for the purposes of sub-section

(2) of section 24 ;

(p) to provide for all or any of the matters referred to in sub-section (1)

of section 26 ;

45

(q) any other matter which is, or has to be, prescribed by the Central

Government.

Corresponding Law. - Section 27 corresponds to section 20-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 27 seeks to empower the Central Government

to make rules on certain matters where the Act directs the Central Government to do

so.

28. Power of State Government to make rules. - (1) A State Government

may make rules for the purpose of carrying into effect the provisions of this Chapter

other than the matters specified in section 27.

(2) Without prejudice to the generality of the foregoing power, such rules

may provide for –

(a) the appointment, jurisdiction, control and functions of licensing

authorities and other prescribed authorities ;

(b) The conduct and hearing of appeals that may be preferred under this

chapter, the fees to be pain in respect of such appeals and the refund of such fees :

Provided that no fee so fixed shall exceed twenty-five rupees ;

(c) the issue of duplicate licences to replace licences lost, destroyed or

mutilated, the replacement of photographs which have become obsolete and the fees

to be charged therefor ;

(d) the badges and uniform to be worn by drivers of transport vehicles

and the fees to be paid in respect of badges ;

(e) the fee payable for the issue of a medical certificate under sub-

section (3) of section 8 ;

(f) the exemption of prescribed persons, or prescribed classes of

persons, from payment of all or any portion of the fees payable under this Chapter;

(g) the communication of particulars of licences granted by one

licensing authority to other licensing authorities ;

46

(h) the duties, functions and conduct of such persons to whom licences

to drive transport vehicles are issued ;

(i) the exemption of drivers of road-rollers from all or any of the

provisions of this Chapter or of the rules made thereunder ;

(j) the manner in which the State Register of Driving Licences shall be

maintained under section 26 ;

(k) any other matter which is to be, or may be, prescribed.

Corresponding Law. - Section 28 corresponds to section 21 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 28 seeks to empower the State Government to

make rules on certain matters where the Act specifically confer the power on the State

Governments.

CHAPTER III

LICENSING OF CONDUCTORS OF STAGE CARRIAGES

29. Necessity for conductor’s licence. - (1) No person shall act as a

conductor of a stage carriage unless he holds an effective conductor’s licence issued

to him authorising him to act as such conductor, and no person shall employ or permit

any person who is not so licensed to act as a conductor of a stage carriage.

(2) A State Government may prescribe the conditions subject to which sub-

section (1) shall not apply to a driver of a stage carriage performing the functions of a

conductor or to a person employed to act a conductor for a period not exceeding one

month.

Corresponding Law.

- Section 29 corresponds to section 21-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 29 provides for the need to have a conductor’s

licence and prohibits persons in employing as conductor, a person who is not licensed

as a conductor. It also confers upon the State Government the power to prescribe

conditions subject to which this clause shall not apply to certain persons.

47

30. Grant of conductor’s licence. - (1) Any person who possesses such

minimum educational qualification as may be prescribed by the State Government

and is not disqualified under sub-section (1) of section 31 and who is not for the time

being disqualified for holding or obtaining a conductor’s licence may apply to the

licensing authority having jurisdiction in the area in which he ordinarily resides or

carries on business for the issue to him of a conductor’s licence.

(2) Every application under sub-section (1) shall be in such form and shall

contain such information as may be prescribed.

(3) Every application for a conductor’s licence shall be accompanied by a

medical certificate in such form as may be prescribed, signed by a registered medical

practitioner and shall also be accompanied by two clear copies of a recent photograph

of the applicant.

(4) A conductor’s licence issued under this Chapter shall be in such form

and contain such aprticulars as may be prescribed and shall be effective throughout

the State in which it is issued.

(5) The fee for a conductor’s licence and for each renewal thereof shall be

one-half of that for a driving licence.

Corresponding Law.

- Section 30 corresponds to section 21-B of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 30 lays down the procedure in making an

application for a conductor’s licence, the form of the licence and the fee.

31. Disqualifications for the grant of conductor’s licence. - (1) No

person under the age of eighteen years shall hold, or be granted, a conductor’s

licence.

(2) The licensing authority may refuse to issue a conductor’s licence –

(a) if the applicant does not possess the minumum educational

qualification ;

(b) if the medical certificate produced by the applicant discloses that he

is physically unfit to act as a conductor ; and

48

(c) if any previous conductor’s licence held by the applicant was

revoked.

Corresponding Law. - Section 31 corresponds to section 21-C of the Motor

Vehicles Act, 1939.

Objects and Reasons. - clause 31 lays down certain norms which will

constitute disqualification for the grant of conductor’s licence.

32. Revocation of a conductor’s licence on grounds of disease or

disability.

- A conductor’s licence may at any time be revoked by any licensing

authority if that authority has reasonable grounds to believe that the hold of the licence

is suffering from any disease or disability which is likely to render him permanently

unfit to hold such a licence and where the authority revoking a conductor’s licence is

not the authority which issued the same, it shall intimate the fact of such revocation to

the authority which issued that licence :

Provided that before revoking any licence, the licensing authority shall give the

person holding such licence a reasonable opportunity of being heard.

Corresponding Law. - Section 32 corresponds to section 21-D of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 32 corresponds to clause 16.

33. Orders refusing, etc. conductor’s licences and appeals therefrom.

- (1) Where a licensing authority refuses to issue or renew, or revokes any conductor’s

licence, it shall do so by an order communicated to the applicant or the holder, as the

case may be, giving the reasons in writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section

( 1 ) may, within thirty days of the service on him of the order, appeal to the

prescribed authority which shall decide the appeal after giving such person

and the authority which made the order an opportunity of being heard and the

decision of the appellate authority shall be binding on the authority which made the

order.

Corresponding Law.- Section 33 corresponds to section 21-E of the Motor

Vehicles Act, 1939.

49

Objects and Reasons .- clause 33 corresponds to clause 17.

34. Power of licensing authority to disqualify .

- (1) If any licensing

authority is of opinion that it is necessary to disqualify the holder of a conductor’s

licence for holding or obtaining such a licence on account of hisprevious conduct as a

conductor, it may, for reasons to be recorded, make an order disqualifying that person

for a specified period, not exceeding one year, for holding or obtaining a conductor’s

licence :

Provided that before disqualifying the holder of a licence, the licensing

authority shall give the person holding such licence a reasonable opportunity of being

heard.

(2) Upon the issue of any such order, the holder of the conductor’s licence

shall forthwith surrender the licence to the authority making the order, if the licence

has not already been surrendered, and the authority shall keep the licence until the

disqualification has expired or has been removed.

(3) Where the authority disqualifying the holder of a conductor’s licence

under this section is not the authority which issued the licence, it shall intimate the

fact of such disqualification to the authority which issued the same.

(4) Any person aggrieved by an order made under sub-section (1) may,

within thirty days of the service on him of the order, appeal to the prescribed authority

which shall decide the appeal after giving such person and the authority which made

the order an opportunity of being heard and the decision of the appellate authority

shall be binding on the authority which made the order.

Corresponding Law.- Section 34 corresponds to section 21-F of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 34 corresponds to clause 19.

35. Power of Court to disqualify. - (1) Where any person holding a

conductor’s licence is convicted of an offence under this Act, the Court by which such

person is convicted may, in addition to imposing any other punishment authorised by

50

law, declare the person so convicted to be disqualified for such period as the Court

may specify for holding a conductor’s licence.

(2) The Court to which an appeal lies from any conviction of an offence

under this Act may set aside or vary any order of disqualification made by the Court

below, and the Court to which appeals ordinarily lie from such Court, may set aside or

vary any order of disqualification made by that Court, notwithstanding that no appeal

lies against the conviction in connection with which such order was made.

Corresponding Law.- Section 35 corresponds to section 21-G of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 35 corresponds to clause 20.

36. Certain provisions of Chapter II to apply to conductor’s licence. -

The provisions of sub-section (2) of section 6, section 14, 15 and 23, sub-section (1)

of section 24 and section 25 shall, so far as may be, apply in relation to a conductor’s

licence, as they apply in relation to a driving licence.

Corresponding Law.- Section 36 corresponds to section 21-H of the Motor

Vehicles Act, 1939.

Objects and Reasons.- Clause 36 provides that certain provisions of Chapter II,

shall apply to conductor’s licence.

37. Savings. - If any licence to act as a conductor of a stage carriage (by

whatever name called ) has been issued in any State and is effective immediately

before the commencement of this Act, it shall continue to be effective,

notwithstanding such commencement, for the period for which it would have been

effective, if this Act had not been passed, and every such licence shall be deemed to

be a licence issued under this Chaper as if this Chapter had been in force on the date

on which that licence was granted.

Corresponding Law.- Section 37 corresponds to section 21-I of the Motor

Vehicles Act, 1939.

Objects and Reasons.- Clause 37 saves any licence to act as a conductor of a

stage carriage issued prior to the commencement of this Act.

51

38. Power of State Government to make rules. - (1) A State

Government may make rules for the purpose of carrying into effect the provisions of

this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules

may provide for –

(a) the appointment, jurisdiction, control and functions of licensing

authorities and other prescribed authorities under this Chapter ;

(b) the conditions subject to which drivers of stage carriages performing

the functions of a conductor and persons temporarily employed to act as conductor’s

may be exempted from the provisions of sub-section (1) of section 29 ;

(c) the minimum educational qualifications of conductor’s ; their duties

and functions and the conduct of person to whom conductor’s licences are issued ;

(d) the form of application for conductor’s licences or for renewal of

such licences and the particulars it may contain ;

(e) the form in which conductor’s licences may be issued or renewed

and the particulars it may contain ;

(f) the issue of duplicate licences to replace licences lost, destroyed or

mutilated, the replacement of photographs which have become obsolete and the fees

to be charged therefor ;

(g) the conduct and hearing of appeals that may be preferred under this

Chapter, the fees to be paid in respect of such appeals and the refund of such fees :

Provided that no fee so fixed shall exceed twenty-five rupees ;

(h) the badges and uniform to be worn by conductor’s of stage carriages

and the fees to be paid in respect of such badges ;

(i) the grant of the certificates referred to in sub-section (3) of section 30

by registered medical practitioners and the form of such certificates ;

52

(j) the conditions subject to which, and the extent to which, a

conductor’s licence issued in another State shall be effective in the State ;

(k) the communication of particulars of conductor’s licences from one

authority to other authorities ; and

(l) any other matter which is to be, or may be, prescribed.

Corresponding Law.- Section 38 corresponds to section 21-J of the Motor

Vehicles Act, 1939.

Objects and Reasons.- Clause 38 confers upon the State Government the

power to make rules for the purpose of giving effect to the provisions of this Chapter.

CHAPTER IV

REGISTRAION OF MOTOR VEHICLES

39. Necessity for registration .- No person shall drive any motor vehicle

and no owner of a motor vehicle shall cause or permit the vehicle to be driven in

anypublic place or in any other place unless the vehicle is registered in accordance

with this Chapter and the certificate of registration of the vehicle has not neen

suspended or cancelled and the vehicle carries a registration mark displayed in the

prescribed manner:

Provided that nothing in this section shall apply to a motor vehicle in

possession of a dealer subject to such conditions as may be prescribed by the Central

Government.

Corresponding Law.- Section 39 corresponds to section 22 of the Motor

Vehicles Act, 1939.

Objects and Reasons.- Clause 39 prohibits the driving of a motor vehicle in

any public place or in any other place without registering it under the provisions of

this Chapter. It also empowers the State Government to prescribe conditions subject to

which the provisions of this clause will not apply to the motor vehicles in possession

of dealers.

53

40. Registration, where to be made. - Subject to the provisions of section

42, section 43 and section 60, every owner of a motor vehicle shall cause

the vehicle to be registered by a registering authority in whose jurisdiction he has the

residence or place of business wherr the vehicle is normally kept.

Corresponding Law.- Section 40 corresponds to section 23 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 40 lays down that a motor vehicle should be

registered by the registering authority in whose jurisdiction the owner of the motor

vehicle resides or where the motor vehicle is normally kept.

41. Registration, how to be made. – (1) An application by or on behalf of

the owner of a motor vehicle for registration shall be in such form and shall be

accompanied by such documents, particulars and information and shall be made

within such period as may be prescribed by the Central Government :

Provided that where a motor vehicle is jointly owned by more persons than

one, the application shall be made by one of them on behalf of all the owners and such

applicant shall be deemed to be the owner of the motor vehicle for the purpose of this

Act.

(2) An application referred to in sub-section (1) shall be accompanied by

such fee as may be prescribed by the Central Government.

(3) The registering authority shall issue to the owner of a motor vehicle

registered by it a certificate of registration in such form and containing such

particulars and information and in such manner as may be prescribed by the Central

Government.

(4) In addition to the other particulars required to be included in the

certificate of registration, it shall also specify the type of the motor vehicle, being a

type as the Central Government may, having regard to the design, construction and

use of the motor vehicle, by notification in the Official Gazette, specify.

54

(5) The registering authority shall enter the particulars of the certificate

referred to in sub-section (3) in a register to be maintained in such form and

manner as may be prescribed by the Central Government.

(6) The registering authority shall assign to the vehicle, for display thereon,

a distinguishing mark ( in this Act referred to as the registration mark ) consisting of

one of the groups of such of those letters and followed by such letters and figures as

are allotted to the State by the Central Government from time to time by notification

in the Official Gazette, and displayed and shown on the motor vehicle in such form

and in such manner as may be prescribed by the Central Government.

(7) A certificate of registration issued under sub-section (3), whether before

or after the commencement of this Act, in respect of a motor vehicle, other than a

transport vehicle, shall, subject to the provisions contained in this Act, be valid only

for a period of fifteen years from the date of issue of such certificate and shall be

renewable.

(8) An application by or on behalf of the owner of a motor vehicle, other

than a transport vehicle, for the renewal of a certificate of registration shall be made

within such period and in such form, containing such particulars and information as

may be prescribed by the Central Government.

(9) An application referred to in sub-section (8) shall be accompanied by

such fee as may be prescribed by the Central Government.

(10) Subject to the provisions of section 56, the registering authority may, in

receipt of an application under sub-section (8), renew the certificate of registration for

a period of five years and intimate the fact to the original registering authority, if it is

not the original registering authority.

(11) If the owner fails to make an application under sub-section (1), or, as the

case may be, under sub-section (8) within the period prescribed, the resistering

authority may, having regard to the circumstances of the case, require the owner to

pay, in lieu of any action that may be taken against him under section 177, such

55

amount not exceeding one hundred rupees as may be prescribed under sub-section

(13) ;

Provided that action under section 177 shall be taken against the owner where

the owner fails to pay the said amount.

(12) Where the owner has paid the amount under sub-section (11), no action

shall be taken against him under section 177.

(13) For the purposes of sub-section (11), the State Government may

prescribe different amounts having regard to the period of delay on the part of the

owner in making an application under sub-section (1) or sub-section (8).

(14) An application for the issue of a duplicate certificate of registration shall

be made to the

20

[ last registering authority ] in such form, containing such particulars

and information alongwith such fee as may be prescribed by the Central Government.

Corresponding Law.- Section 41 corresponds to section 24 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 41 provides the form and fee for application for

registration of motor vehicle, the form in which the certificate of registration shall be

issued by the registering authorities, the form of records in which the particulars of

vehicles registered shall be kept by the registering authorities, the distinguishing

marks and manner in which such marks consisting of letters and figures shall be

exhibited in motor vehicle. It also lays down that the certificate of registration shall be

valid for a period of 15 years and shall be renewable for a period of 5 years and the

registering authority who is competent to issue duplicate certificate of registration is

the original registering authority.

42. Special provision for registration of motor vehicles of diplomatic

officers, etc.

- (1) Where an application for registration of a motor vehicle is

made under sub-section (1) of section 41 by or on behalf of any diplomatic

officer or consular officer, then notwithstanding anything contained in sub-

section (3) or sub-section (6) of that section, the registering authority shall register the

vehicle in such manner and in accordance with such procedure as may be provided by

56

rules made in this behalf by the Central Government under sub-section (3) and shall

assign to the vehicle for display thereon a special registration mark in accordance

with the provisions contained in those rules and shall issue a certificate ( hereafter

in this

20. Substituted for “original registering authority” by Act 54 of 1994, S.14 (w.e.f. 14-11-

1994).

section referred to as the certificate of registration ) that the vehicle has been

registered under this section ; and any vehicle so registered shall not, so long as it

remains the property of any diplomatic officer or consular officer, require to be

registered otherwise under this Act.

(2) If any vehicle registered under this section ceases to be the property of

any diplomatic officer or consular officer, the certificate of registration issued under

this section shall also cease to be effective, and the provisions of sections 39 and 40

shall thereupon apply.

(3) The Central Government may make rules for the registration of motor

vehicles belonging to diplomatic officers and consular officers regarding the

procedure to be followed by the registering authority for registering such vehicles, the

form in which the certificates of registration of such vehicles are to be issued, the

manner in which such certificates of registration are to be sent to the owners of the

vehicles and the special registration to marks to be assigned to such vehicles.

(4) For the purposes of this section, “diplomatic officer” or “consular

officer” means any person who is recognised as such by the Cenrtral Government and

if any question arises as to whether a person is or is not such an officer, the decision of

the Central Government thereon shall be final.

Corresponding Law.- Section 42 corresponds to section 24-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 42 provides procedure for registration of motor

vehicles belonging to diplomatic and consular officers. The form in which certificate

of registration for such vehicles are to be issued, the manner in which such registration

57

certificate are to be sent to the owners and the special registration marks to be

assigned to such vehicles are to be prescribed by the Central Government.

43. Temporary registration .

- (1) Notwithstanding anything contained in

section 40 the owner of a motor vehicle may apply to any registering authority or

other prescribed authority to have the vehicle temporarily registered in the prescribed

manner and for the issued in the prescribed manner of a temporary certificate of

registration and a temporary registration mark.

(2) A registration made under this section shall be valid only for a period

not exceeding one month, and shall not be renewable :

Provided that where a motor vehicle so registered is a chassis to which a body

has not been attached and the same is detained in a workshop beyond the said period

of one month for being fitted

21

[ with a body or any unforeseen circumstances

beyond the control of the owner ], the period may, on payment of such fees, if any,

as may be prescribed, be extended by such further period or

Periods as the registering authority or other prescribed authority, as the case

may be, may allow.

22

[ (3) In a case where the motor vehicle is held under hire-purchase

agreement, lease or hypothecation, the registering authority or other prescribed

authority shall issue a temporary certificate of registration of such vehicle, which shall

incorporate legibly and prominently the full name and address of the person with

whom such agreement has been entered into by the owner.]

Corresponding Law. - Section 43 corresponds to section 25 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 43 confers power upon the registering

authorities to register a motor vehicle temporarily and the Central Government is to

prescribe the manner in which the certificate is to be issued and the manner of

exhibition of the registration marks. The registration marks will be valid for a period

not exceeding one month and on certain circumstances for such further period as the

registering authority may allow.

58

44. Production of vehicle at the time of registration. - the registering

authority shall before proceeding to register a motor vehicle or renew the

certificate of registration in respect of a motor vehicle, other than a transport vehicle,

require the person applying for registration of the vehicle or, as the case may be, for

renewing the certificate of registration to produce the vehicle either before itself or

such authority as

21. Substituted for “with a body” by Act 54 of 1994, S. 12 (w.e.f. 14-11-1994) .

22. Inserted by Act 54 of 1994, S. 12 (w.e.f. 14-11-1994).

the State Government may be order appoint in order that the registering authority may

satisfy itself that the particulars contained in the application are true and that the

vehicle complies with the requirements of this Act and of the rules made thereunder.

Corresponding Law.- Section 44 corresponds to section 26 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 44 seeks to empower the registering authorities

to require the person applying for registration of a motor vehicle or for the renewal of

registration of a motor vehicle to produce the vehicle for inspection to ensure that the

particulars given in the form of application are correct and the vehicles comply with

the requirements of this Act.

45. Refusal of registration or renewal of the certificate of registration.

- The registering authority may, by order, refuse to register any motor vehicle, or

renew the certificate of registration in respect of a motor vehicle ( other than a

transport vehicle), if in either case, the registering authority has reason to believe that

it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply

with the requirements of this Act or of the rules made thereunder, or if the applicant

fails to furnish particulars of any previous registration of the vehicle or furnishes

inaccurate particulars in the application for registration of the vehicle or, as the case

may be, for renewal of the certificate of registration thereof and the registering

authority shall furnish the applicant whose vehicle is refused registration, or whose

application for renewal of the certificate of registration is refused, a copy of such

order, together with the reasons for such refusal.

59

Corresponding Law.- Section 45 corresponds to section 27 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 45 empowers the registering authorities to

refuse to register any motor vehicle or refuse to renew the certificate of registration of

a motor vehicle in certain cases and require the registering authorities to record in

writing the reason for such refusal.

46. Effectiveness is India of registration. - Subject to the provisions of

section 47, a motor vehicle registered in accordance with this Chapter in any State

shall not require to be registered elsewhere in India and a certificate of registration

issued or in force under this Act in respect of such vehicle shall be effective

throughout India.

Corresponding Law.- Section 46 corresponds to section 28 of the Motor

Vehicles Act, 1939.

Objects and Reasons.- Clause 46 lays down that the certificate of registration

of a motor vehicle shall be effective throughout India.

47. Assignment of new registration mark on removal to another

State.

- (1) When a motor vehicle registered in One State has been kept in another

State, for a period exceeding twelve months, the owner of the vehicle shall, within

such period and in such form containing such particulars as may be prescribed by the

Central Government, apply to the registering authority, within whose jurisdiction the

vehicle then is, for the assignment of a new registration mark and shall present the

certificate of registration to that registering authority :

Provided that an application under this sub-section shall be accompanied –

(i) by the no objection certificate obtained under section 48, or

(ii) in a case where no such certificate has been obtained, by -

(a) the receipt obtained under sub-section (2) of section 48 ; or

60

(b) the postal acknowledgement received by the owner of the vehicle

if he has sent an application in this behalf by registered post acknowledgement

due to the registering authority referred to in section 48,

together with a declaration that he has not received any communication from such

authority refusing to grant such certificate or requiring him to comply with any

direction subject to which such certificate may be granted :

Provided further that, in a case where a motor vehicle is held under a hire-

purchase, lease or hypothecation agreement, an application under this sub-section

shall be accompanied by a no objection certificate from the person with whom such

agreement has been entered into, and the provisions of section 51, so far as may be,

regarding obtaining of such certificate from the person with whom such agreement has

been entered into, shall apply.

(2) The registering authority, to which application is made under

sub-section (1), shall after making such verification, as it thinks fit, of the returns, if

any, received under section 62, assign the vehicle a registration mark as specified in

sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and

shall enter the mark upon the certificate of registration Before returning it to the

applicant and shall, in communication with registering authority by whom the vehicle

was previously registered, arrange for the transfer of the registration of the vehicle

from the records of that registering authority to its own records.

(3) Where a motor vehicle is held under a hire-purchase or lease or

hypothecation agreement, the registering authority shall, after assigning the vehicle a

registration mark under sub-section (2), inform the person whose name has been

specified in the certificate of registration as the person with whom the registered

owner has entered into the hire-purchase or lease or hypothecation agreement (by

sending to such person a notice by registered post acknowledgement due at the

address of such person entered in the certificate of registration the fact of assignment

of the said registration mark).

(4) A State Government may make rules under section65 requiring the

owner of a motor vehicle not registered within the State, which is brought into or is

61

for the time being in the State, to furnish to the prescribed authority in the State such

information with respect to the motor vehicle and its registration as may be

prescribed.

(5) If the owner fails to make an application under sub-section (1) within

the period prescribed, the registering authority may, having regard to the

circumstances of the case, require the owner to pay, in lieu of any action that may be

taken against him under section 177, such amount not exceeding one hundred rupees

as may be prescribed under sub-section (7) :

Provided that action under section 177 shall be taken against the owner where

the owner fails to pay the said amount.

(6) Where the owner has paid the amount under sub-section (5), no action

shall be taken against him under section 177.

(7) For the purposes of sub-section (5), the State Government may prescribe

different amounts having regard to the period of delay on the part of the owner in

making an application under sub-section (1).

Corresponding Law.

- Section 47 corresponds to section 29 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 47 requires that a motor vehicle registered in

one State and kept in another State for a period exceeding 12 months shall be assigned

a new registration mark in that other State. It lays down the procedure in making the

application for assignment of new registration mark, the documents to be enclosed

with the application and the procedure to be followed by the registering authorities in

assigning the new registration mark. It also empowers the State Government to make

rules to require the owners of motor vehicles, required to be re-registered in this State,

to furnish such information as may be required.

48. No objection certificate. - (1) The owner of a motor vehicle when

applying for the assignment of a new registration mark under sub-section (1) of

section 47, or where the transfer of a motor vehicle is to be effected in a State other

than the State of its registration, the transferor of such vehicle when reporting the

62

transfer under sub-section (1) of section 50, shall make an application in such form

and in such manner as may be prescribed by the Central Government to the

registering authority by which the vehicle was registered for the issue of a certificate

( hereafter in this section referred to as the no objection certificate), to the effect that

the registering authority has no objection for assigning a new registration mark to the

vehicle or, as the case may be, for entering the particulars of the transfer of ownership

in the certificate of registration.

(2) The registering authority shall, on receipt of an application under sub-

section (1), issue a receipt in such form as may be prescribed by the Central

Government.

(3) On receipt of an application under sub-section (1), the registering

authority may, after making such inquiry and requiring the applicant to comply with

such directions as it deems fit and within thirty days of the receipt thereof, by order in

writing, communicate to the applicant that it has granted or refused to grant the no

objection certificate :

Provided that a registering authority shall not refuse to grant the no objection

certificate unless it has recorded in writing the reasons for doing so and a copy of the

same has been communicated to the applicant.

(4) Where within a period of thirty days referred to in sub-section (3), the

registering authority does not refuse to grant the no objection certificate or does not

communicate the refusal to the applicant, the registering authority shall be deemed to

have granted the no objection certificate.

(5) Before granting or refusing to grant the no objection certificate, the

registering authority shall obtain a report in writing from the police that no case

relating to the theft of the motor vehicle concerned has been reported or is pending,

verify whether all the amounts due to Government including road tax in respect of that

motor vehicle have been paid and take into account such other factors as may be

prescribed by the Central Government.

63

23

[(6) The owner of the vehicle shall also inform at the earliest, in writing, the

registering authority about the theft of his vehicle together with the name of the

police station where the theft report was lodged, and the registering authority shall

take into account such report while disposing of any application for no objection

certification, registration, transfer of ownership or issue of duplicate registration

certificate].

Corresponding Law. - Section 48 corresponds to section 29-A of the Motor

Vehicles Act, 1939.

23. Inserted by Act 54 of 1994, S. 13 (w.e.f. 14-11-1994).

Objects and Reasons. - Clause 48prescribed that a No Objection Certificate

shall be produced alongwith an application for assignment of new registration mark or

transfer of ownership. It lays down the procedure to make application for NOC to the

registering authority, the procedure to be followed by the registering authority in

issuing the NOC and in case of refusal in granting the NOC reasons to be given in

writing by the registering authority.

49. Change of residence or place of business. - (1) If the owner of a

motor vehicle ceases to reside or have his place of business at the address recorded in

the certificate of registration of the vehicle, he shall, within thirty days of any

such change of address, intimate in such form accompanied by such

documents as may be prescribed by the Central Government, his new address, to the

registering authority by which the certificate of registration was issued, or, if the new

address is within the jurisdiction of another registering authority, to that other

registering authority or, as the case may be, to the other registering authority in order

that the new address may be entered therein.

(2) If the owner of a motor vehicle fails to intimate his new address to the

concerned registering authority within the period specified in sub-section (1), the

registering authority may, having regard to the circumstances of the case, require the

owner to pay, in lieu of any action that may be taken against him under section 177,

such amount not exceeding one hundred rupees as may be prescribed under sub-

section (4) :

64

Provided that action under section 177 shall be taken against the owner where he

fails to pay the said amount.

(3) Where a person has paid the amount under sub-section (2), no action

shall be taken against him under section 177.

(4) For the purposes of sub-section (2), a State government may prescribe

different amounts having regard to the period of delay in intimating his new address.

(5) On receipt of intimation under sub-section (1), the registering authority

may, after making such verification as it may think fit, cause the new address to be

entered in the certificate of registration.

(6) A registering authority other than the original registering authority

making any such entry shall communicate the altered address to the original

registering authority.

(7) Nothing in sub-section (1) shall apply where the change of the address

recorded in the certificate of registration is due to a temporary absence not intended

to exceed six months in duration or where the motor vehicle is neither used nor

removed from the address recorded in the certificate of registration.

Corresponding Law.

- Section 49 corresponds to section 30 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 49 requires that the owner of a motor vehicle

shall, within 30 days, report the change of his address to the registering authority in

whose jurisdiction he has shifted his residence for recording the change of address in

the certificate of registration. Failure to do so will entail in prosecution. It also

provides that in lieu of prosecution, if the owner of the motor vehicle pays the

prescribed amount, no prosecution will be launched. It also provides that if the

temporary absence does not exceed 6 months, there is no need to report the change.

50. Transfer of ownership.

- (1) Where the ownership of any motor

vehicle registered under this Chapter is transferred. –

(a) the transferor shall, -

65

(i) in the case of a vehicle registered within the same State, within fourteen

days of the transfer, report the fact of transfer, in such form with such documents

and in such manner, as may be prescribed by the Central Government to the

registering authority within whose jurisdiction the transfer is to be effected and shall

simultaneously send a copy of the said report to the transferee ; and

(ii) in the case of a vehicle registered outside the State, within forty-five

days of the transfer, forward to the registering authority referred to in sub-clause (i)-

(A) the no objection certificate obtained under section 48 ; or

(B) in a case where no such certificate has been obtained, -

(I) the receipt obtained under sub-section (2) of section 48 ; or

(II) the postal acknowledgement received by the transferor if he

has sent an application in this behalf by registered post acknowledgement due to the

registering authority referred to in section 48,

together with a declaration that he has not received any communication from such

authority refusing to grant such certificate or requiring him to comply with any

direction subject to which such certificate may be granted ;

(b) the transferee shall, within thirty days of the transfer , report the transfer

to the registering authority within whose jurisdiction he has the residence or place of

business where the vehicle is normally kept, as the case may be, and shall forward the

certificate of registration to that registering authority together with the prescribed fee

and a copy of the report received by him from the transferor in order that particulars of

the transfer of ownership may be entered in the certificate of registration.

(2) Where –

(a) the person in whose name a motor vehicle stands registered dies,

or,

(b) a motor vehicle has been purchased or acquired at a public

auction conducted by, or on behalf of, Government,

66

the person succeeding to the possession of the vehicle or, as the case may be, who has

purchased or acquired the motor vehicle, shall make an application for the

purpose of transferring the ownership of the vehicle in his name, to the registering

authority in whose jurisdiction he has the residence or place of business where the

vehicle is normally kept, as the case may be, in such manner, accompanied with such

fee, and within such period as may be prescribed by the Central Government.

(3) If the transferor or the transferee fails to report to the registering

authority the fact of transfer within the period specified in clause (a) or clause (b) of

sub-section (1), as the case may be, or if the person who is required to make an

application under sub-section (2) ( hereafter in this section referred to as the other

person ) fails to make such application within the period prescribed, the registering

authority may, having regard to the circumstances of the case, require the transferor or

the transferee, or the other person, as the case may be, to pay, in lieu of any action that

may be taken against him under section 177 such amount not exceeding one hundred

rupees as may be prescribed under sub-section (5) :

Provided that action under section 177 shall be taken against the transferor or

the transferee or the other person, as the case may be, where he fails to pay the said

amount.

(4) Where a person has paid the amount under sub-section (3), no action

shall be taken against him under section 177.

(5) For the purposes of sub-section (3), a State Government may prescribe

different amount having regard to the period of delay on the part of the transferor or

the transferee in reporting the fact of transfer of ownership of the motor vehicle or of

the other person in making the application under sub-section (2).

(6) On receipt of a report under sub-section (1), or an application under sub-

section (2), the registering authority may cause the transfer of ownership to be entered

in the certificate of registration.

67

(7) A registering authority making any such entry shall communicate the

transfer of ownership to the transferor and to the original registering authority, if

it is not the original registering authority.

Corresponding Law.

- Section 50 corresponds to section 31 of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 50 provides for recording the transfer of owner

ship of a motor vehicle in the certificate of registration by the registering authorities

when the property changes hands due to sale, or inheritance or purchase in public

auction conducted by the Government. It also lays down that if the transfer is not

reported to the registering authorities within prescribed time, the parties are liable for

prosecution and if the party pays the prescribed amount in lieu of prosecution, no

further action is to be taken.

51. Special provisions regarding motor vehicle subject to hire-

purchase agreement, etc.

- (1) Where an application for registration of a motor

vehicle which is held under a hire-purchase, lease or hypothecation agreement (

hereafter in this section referred to as the said agreement ) is made, the registering

authority shall make an entry in the certificate of registration regarding the existence

of the said agreement.

(2) Where the ownership of any motor vehicle registered under this Chapter

is transferred and the transferee enters into the said agreement with any person, the

24

[last registering authority] shall, on receipt of an application in such form as the

Central Government may prescribe from the parties to the said agreement, make an

entry as to the existence of the said agreement in the certificate of registration

25

[and

an intimation in this regard shall be sent to the original registering authority if the last

registering authority is not the original registering authority.]

(3) Any entry made under sub - section (1) or sub - section ( 2), may be

cancelled by the

26

[ last registering authority ] on proof of the termination of the said

agreement by the parties concerned on an application being made in such form as the

Central Government may prescribe

27

[ and an intimation in this behalf shall be sent to

68

the original registering authority if the last registering authority is not the original

registering authority.]

(4) No entry regarding the transfer of ownership of any motor vehicle which

is held under the said agreement shall be made in the certificate of registration except

with the written consent of the person whose name has been specified in the certificate

of registration as the person with whom the registered owner has entered into the said

agreement.

(5) Where the person whose name has been specified in the certificate of

24. Substituted for “original registering authority” by Act 54 of 1994, S. 14 (w.e.f. 14-11-

1994).

25. Added, ibid (w.e.f. 14-11-1994).

26. Substituted, ibid, for “original registering authority” (w.e.f. 14-11-1994).

27.

Added, ibid (w.e.f. 14-11-1994).

registration as the person with whom the registered owner has entered into the said

agreement, satisfies the registering authority that he has taken possession of the

vehicle

28

[from the registered owner] owing to the default of the registered owner

under the provisions of the said agreement and that the registered owner refuses to

deliver the certificate of registration or has absconded, such authority may, after

giving the registered owner an opportunity to make such representation as he may

wish to make ( by sending to him a notice by registered post acknowledgement due at

his address entered in the certificate of registration ) and notwithstanding that the

certificate of registration is not produced before it, cancel the certificate and issue a

fresh certificate of registration in the name of the person with whom the registered

owner has entered into the said agreement.

Provided that a fresh certificate of registration shall not be issued in respect of a

motor vehicle, unless such person pays the prescribed fee :

Provided further that a fresh certificate of registration issued in respect of a

motor vehicle, other than a transport vehicle, shall be valid only for the remaining

period for which the certificate cancelled under this sub-section would have been in

force.

69

(6) The registered owner shall, before applying to the appropriate authority,

for the renewal of a permit under section 81 or for the issue of duplicate

certificate of registration under sub-section (14) of section 41, or for the assignment of

a new registration mark

29

[under section 47, or removal of the vehicle to another State,

or at the time of conversion of the vehicle from one class to another, or for issue of no

objection certificate under section 48, or for change of residence or place of business

under section 49, or for the alteration of the vehicle under section 52, make an

application ] to the person with whom the registered owner has entered into the said

agreement ( such person being hereafter in this section referred to as the financier ) for

the issue of a no objection certificate ( hereafter in this section referred to as the

certificate. )

28. Inserted, ibid (w.e.f. 14-11-1994).

29.

Substituted for “under section 47, make an application” by Act 54 of 1994, S. 14 (w.e.f.

14-11-1994).

Explanation .- For the purposes of this sub-section and sub-section (8) and (9),

“appropriate authority” in relation to any permit, means the authority which is

authorised by this Act to renew such permit and, in relation to registration means the

authority which is authorised by this Act to issue, duplicate certificate of registration

or to assign a new registration mark.

(7) Within seven days of the receipt of an application under sub-section (6),

the financier may issue, or refuse, for reasons which shall be recorded in writing and

communicated to the applicant, to issue the certificate applied for, and where the

financier fails to issue the certificate and also fails to communicate the reasons for

refusal to issue the certificate to the applicant within the said period of seven days, the

certificate applied for shall be deemed to have been issued by the financier.

(8) The registered owner shall, while applying to the appropriate authority

for the renewal of any permit under section 81, or for the issue of a duplicate

certificate of registration under sub-section (14) of section 41, or while applying for

assignment of a new registration mark under section 47, submit with such application

the certificate, if any, obtained under sub-section (7) or, where no such certificate has

been obtained, the communication received from the financier under that sub-section,

70

or, as the case may be, a declaration that he has not received any communication from

the financier within the period of seven days specified in that sub-section.

(9) On receipt of an application for the renewal of any permit or for the

issue of duplicate certificate of registration or for assignment of a new registration

mark in respect of a vehicle which is held under the said agreement, the appropriate

authority may, subject to the other provisions of this act, -

(a) in a case where the financier has refused to issue the certificate

applied for, after giving the applicant an opportunity of being heard, either –

(i) renew or refuse to renew the permit, or

(ii) issue or refuse to issue the duplicate certificate of registration, or

(ii)assign or refuse to assign a new registration mark ;

(b) in any other case, -

(j) renew the permit, or

(ii) issue duplicate certificate of registration, or

(iii)assign a new registration mark.

(10) A registering authority making an entry in the certificate of registration

regarding-

(a) hire-purchase, lease or hypothecation agreement of a motor vehicle, or

(b) the cancellation under sub-section (3) of an entry, or

(c) recording transfer of ownership of motor vehicle, or

(d) any alteration in a motor vehicle, or

(e) suspension or cancellation of registration of a motor vehicle, or

(f) change of address,

shall communicate

30

[ by registered post acknowledgement due] to the financier that

such entry has been made.

71

31

[(11) A registering authority registering the new vehicle, or issuing the

duplicate certificate of registration or a no objection certificate or a temporary

certificate of registration, or issuing or renewing, a fitness certificate or substituting

entries relating to another motor vehicle in the permit, shall intimate the financier of

such transaction.

(12) The registering authority where it is not the original registering

authority, when making entry under sub-section (1) or sub-section (2), or cancelling

the said entry under sub-section (3) or issuing the fresh certificate of registration under

sub-section (5) shall communicate the same to the original registering authority.]

30. Inserted by Act 54 of 1994, S. 14 ( w.e.f. 14-11-1994).

31. Sub-s. (11) substituted, ibid (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (11)

read as under –

“(11) A registering authority issuing a duplicate certificate of registration shall intimate the

financier of such issue.”

Corresponding Law. - Section 51 corresponds to section 31-A of the Motor

Vehicles Act, 1939.

Objects and Reasons. - Clause 51 contains special provisions regarding motor

vehicles subject to the agreements of hire-purchase, lease and hypothecation.

Sub-clauses (1) to (4) make provision that the registering authorities may make

a note of such agreement and cancellation of such agreement in the certificate

of registration on a joint application by both the parties. It prohibits transfer of

ownership of such vehicle without the written consent of the other party to the

agreement. Sub-clause (5) provides for the issue of fresh certificate of registration to

the financier by the registering authorities whether the financier has taken possession

of the vehicle for default of the hirer and hirer has refused to hand over the certificate

of registration. Sub-clause (6) to (9) lays down the procedure in making an application

by the registered owner of the vehicle to the financier for grant of NOC, the grant of

such certificate by the financier, production of NOC alongwith the application for the

renewal of permit or the duplicate copy of the certificate of registration or for

72

assignment of fresh registration mark to a motor vehicle. The powers of the

appropriate authorities for the grant or refusal of the application for the renewal of

permit, and issue of duplicate certificate of registration and issue of fresh registration

mark. Sub-clause (10) makes provision that the registering authorities making entries

in the certificate of registration regarding certain transactions shall intimate such

transactions to the financier.

32

[52. Alteration in motor vehicle. - (1) No owner of a motor vehicle shall so

alter the vehicle that the particulars contained in the certificate of registration are at

variance with those originally specified by the manufacturer :

Provided that where the owner of a motor vehicle makes modification of the

engine, or any part thereof of a vehicle for facilitating its operation by different type of

fuel or source of energy including battery, compressed natural gas, solar power, liquid

petroleum gas or any other fuel or source of energy, by fitment of a conversion kit,

such modification shall be carried out subject to such conditions as may be prescribed:

32. S.52 substituted by Act 27 of 2000, S.2 (w.e.f. 11-8-2000). Prior to its substitutin, S. 52 read

as under :-

“52. Alternation in motor vehicle .- (1) No owner of a motor vehicle shall so alter the vehicle that

the particulars contained in the certificate of registration are no longer accurate, unless.-

(a) he has given notice to the registering authority within whose jurisdiction he has the

residence or the place of business where the vehicle is normally kept, as the case may be of the

alteration he proposes to make; and

(b) he has obtained the approval of that registering authority to make such alteration

:

Provided that it shall not be necessary to obtain such approval for making any change in the

unladen weight of the motor vehicle consequent on the addition or removal of fittings or accessories,

if such change does not exceed two per cent. of the weight entered in the certificate of registration :

*[Provided further that modification of the engine, or any part thereof, of a vehicle for

facilitating its operation by a different type of fuel or source of energy including battery, compressed

natural gas, solar power or any other fuel or source of energy other than liquid petroleum gas shall be

treated as an alteration but that shall be subject to such conditions as may be prescribed.]

73

(2) Where a registering authority receives a notice under sub-section (1), it shall, within

seven days of the receipt thereof, communicate, by post, to the owner of the vehicle its approval

to the proposed alteration or otherwise :

Provided further that the Central Government may prescribe specifications

conditions for approval, retrofitment and other related matters for such conversion

kits;

Provided also that the Central Government may grant exemption for alteration

of vehicles in a manner other than specified above, for any specific purpose.

(2) Notwithstanding anything contained in sub-section (1), a State

Government may, by notification in the Official Gazette, authorise, subject to such

conditions as may be specified in the notifications, and permit any person owing not

less than ten transport vehicles to alter any vehicle owned by him so as to replace the

engine thereof with engine of the same make and type, without the approval of

registering authority.

(3) Where any alteration has been made in motor vehicle without the

approval of registering authority or by reason of replacement of its engine without

such approval under sub-section (2), the owner of the vehicle shall, within fourteen

days of the making of the alteration, report the alteration to the registering authority

within whose jurisdiction he resides and shall for ward the certificate of registration to

that authority together with the prescribed fee in order that particulars of registration

may be entered therein.

(4) A registering authority other than the original registering authority

making any such entry shall communicate the details of the entry to the original

registering authority.

(5) Subject to the provisions made under sub-section (1), (2), (3) and (4), no

person holding a vehicle under a hire-purchase agreement shall make any alteration to

the vehicle except with the written consent of the registered owner.

Explanation. - For the purpose of this section, “alteration” means a change in

the structure of a vehicle which results in change in its basic feature.]

74

Corresponding Law.- Section 52 corresponds to section 32 of the Motor

Vehicles Act, 1939.

53. Suspension of registration. – (1) If any registering authority or

other prescribed authority has reason to believe that any motor vehicle within

its jurisdiction -

(a) is in such a condition that its use in a public place would

constitute a danger to the public, or that it fails to comply with the

requirements of this Act or of the rules made thereunder, or

(b) has been, o r is being, used for hire or reward without a

valid permit for being used as such,

the authority may, after giving the owner an opportunity of making any

representation he may wish to make (by sending to the owner a notice by

registered post acknowledgment due at his address entered in the certificate of

registration), for reasons to be recorded in writing, suspend the certificate of

registration of the vehicle-

(i) in any case falling under clause (a), until the defects are

rectified to its satisfaction; and

(ii) in any case falling under clause (b), for a period not

exceeding four months.

(2) an authority other than a registering authority shall, when making

a suspension order under sub-section (1), intimate in writing the fact of such

suspension and the reasons therefor to the registering authority within whose

jurisdiction the vehicle is at the time of the suspension.

(3) Where the registration of a motor vehicle has been suspended

under sub-section (1) for a continuous period of not less than one month, the

registering authority, within whose jurisdiction the vehicle was when the

registration was suspended, shall, if it is not the original registering authority,

inform that authority of the suspension.

75

(4) The owner of a motor vehicle shall, on the demand of a

registering authority or other prescribed authority which has suspended the

certificate of registration of the vehicle under this section, surrender the

certificate of registration.

(5) A certificate of registration surrendered under sub – section (4)

shall be returned to the owner when the order suspending registration has been

rescinded and not before.

Corresponding Law. – Section 53 corresponds to section 33 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 54 empowers the registering authorities to

suspend the certificate of registration of a motor vehicle, if the vehicle is used

for hire or reward without a permit. It also empowers the registering authority

to suspend the certificate of registration of a vehicle if the vehicle is

mechanically defective or if its use on public road will endanger public safety

until the defects are rectified and the vehicle is certified to be road worthy.

54. Cancellation of registration suspended under section 53.

–

Where the suspension of registration of a vehicle under section 53 has

continued without interruption for a period of not less than six months, the

registering authority within whose jurisdiction the vehicle was when the

registration was suspended, may, if it is the original registering authority,

cancel the registration, and if it is not the original registering authority, shall

forward the certificate of registration to that authority which may cancel the

registration.

Corresponding Law. – This is a new provision in the 1988 Act.

55. Cancellation of registration. – (1) If a motor vehicle has been

destroyed or has been rendered permanently incapable of use, the owner shall,

within fourteen days or as soon as may be, report the fact to the registering

authority within whose jurisdiction he has the residence or place of business

76

where the vehicle is normally kept, as the case may be, and shall forward to

the authority the certificate of registration of the vehicle.

(2) The registering authority shall, if it is the original registering

authority, cancel the registration and the certificate of registration, or, if it is

not, shall forward the report and the certificate of registration to the original

registering authority and that authority shall cancel the registration.

(3) Any registering authority may order the examination of a motor

vehicle within its jurisdiction by such authority as the State Government may

by order appoint and, if upon such examination and after giving the owner an

opportunity to make any representation he may wish to make (by sending to

the owner a notice by registered post acknowledgement due at his address

entered in the certificate of registration), it is satisfied that the vehicle is in

such a condition that it is incapable of being used or its use in a public place

would constitute a danger to the public and that it is beyond reasonable repair,

may cancel the registration.

(4) If a registering authority is satisfied that a motor vehicle has been

permanently removed out of India, the registering authority shall cancel the

registration.

(5) If a registering authority is satisfied that the registration of a motor

vehicle has been obtained on the basis of documents which were, or by

representation of facts which was, false in any material particular, or the

engine number or the chassis number embossed thereon are different from such

number entered in the certificate of registration, the registering authority shall

after giving the owner an opportunity to make such representation as he may

wish to make (by sending to the owner a notice by registered post

acknowledgement due at his address entered in the certificate of registration),

and for reasons to be recorded in writing, cancel the registration.

(6) A registering authority cancelling the registration of a motor

vehicle under section 54 or under this section shall communicate such fact in

77

writing to the owner of the vehicle, and the owner of the vehicle shall

forthwith surrender to that authority the certificate of registration o f the

vehicle.

(7) A registering authority making an order of cancellation under

section 54 or under this section shall, if it is the original registering authority,

cancel the certificate of registration and the entry relating to the vehicle in its

records, and, if it is not the original registering authority, forward the

certificate of registration to that authority, and that authority shall cancel the

certificate of registration and the entry relating to the motor vehicle in its

records.

(8) The expression “original registering authority” in this section and

in section 41,49,50,51,52,53 and 54 means the registering authority in whose

records the registration of the vehicle is recorded.

(9) In this section “certificate of registration” includes a certificate of

registration renewed under the provisions of this Act.

Corresponding Law. – Section 55 corresponds to section 34 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 55 contains provisions for the cancellation

of the certificate of registration by the registering authorities where the vehicle

has been destroyed or has been rendered permanently incapable of use or has

been lost and not recovered or is otherwise not traceable or its use will

constitute a danger to public safety. It also provides that the registering

authorities may cancel the certificate of registration if the registering authority

is satisfied that engine number and chassis number noted in the certificate of

registration differs from that found in the vehicle, or that the registration has

been obtained by misrepresentation or fraud.

56. Certificate of fitness of transport vehicles. – (1) Subject to

the provisions of section 59 and 60, a transport vehicle shall not be deemed to

be validly registered for the purposes of section 39, unless it carries a

78

certificate of fitness in such form containing such particulars and information

as may be prescribed by the Central Government, issued by the prescribed

authority, or by an authorized testing station mentioned in sub-section (2), to

the effect that the vehicle complies for the time being with all the

requirements of this Act and the rules made thereunder.

Provided that where the prescribed authority or the “authorized testing

station” refuses to issue such certificate, it shall supply the owner of the

vehicle with its reasons in writing for such refusal.

(2) The “authorized testing station” referred to in sub-section (1)

means a vehicle service station or public or private garage which the State

Government, having regard to the experience, training and ability of the

operator of such station or garage and the testing equipment and the testing

personnel therein, may specify in accordance with the rules made by the

Central Government for regulation and control of such station or garages.

(3) Subject to the provisions of sub-section (4), a certificate of fitness

shall remain effective for such period as may be prescribed by the Central

Government having regard to the object of this Act.

(4) The prescribed authority may for reasons to be recorded in writing

cancel a certificate of fitness at any time, if satisfied that the vehicle to which

it relates no longer complies with all the requirements of this Act and the rules

made thereunder; and on such cancellation the certificate of registration of the

vehicle and any permit granted in respect of the vehicle under Chapter V shall

be deemed to be suspended until a new certificate of fitness has been obtained:

33

[Provided that no such cancellation shall be made by the prescribed authority

unless such prescribed authority holds such technical qualification as may be

prescribed or where the prescribed authority does not hold such technical

qualification on the basis of the report of an officer having such qualification.]

(5) A certificate of fitness issued under this Act shall, while it

remains effective, be valid throughout India.

79

Corresponding Law. - Section 56 corresponds to section 38 of the Motor

Vehicles Act, 1939

Objects and Reasons. – Clause 58 requires that every transport vehicle

should carry an effective certificate of fitness issued by the prescribed

authorities or by any authorised testing stations specified by the State

Governments. It also empowers the issuing authorities to cancel any such

certificate if the vehicle fails to comply with the requirements of this Act. The

certificate of fitness is to be effective throughout India.

57. Appeals. -

34

[(1) Any person aggrieved by an order of the

registering authority under section 41,42,43,45,47,48,49,50,52,53,55 or 56 may,

within thirty days of the date on which he has received notice of such order,

appeal against the order to the prescribed authority.]

33. Inserted by Act 54 of 1994, S. 16 (w.e.f. 14-11-1994)

34. Sub. – S. (1) substituted by S. 17 ibid (w.e.f. 14-11-1994). Prior to its substitution, sub-

S. (1) read as under :-

“(1) Any owner of a motor vehicle aggrieved by an order of refusal under section 45 to

register a motor vehicle or to renew the certificate of registration in respect of a motor vehicle (other

than a transport vehicle) or under section 48 to issue a no objection certificate or under section 50

to enter the particulars of the transfer of ownership in the certificate of registration or under

sub-section (1) of section 56 to issue a certificate of fitness or by an order of suspension

under section 53 or cancellation under section 54 or section 55 or by an order of an

cancellation under sub-section (4) of section 56 may, within thirty days of the date on which

he has received notice of such order, appeal against the order to the Prescribed Authority.”

(2) The appellate authority shall give notice of the appeal to the

original authority and after giving an opportunity to the original authority and

the appellant to be heard in the appeal pass such order as it think fit.

Corresponding Law. – Section 57 corresponds to section 35 of the Motor

Vehicles Act, 1939.

80

Objects and Reasons. – Clause 56 seeks to provide for appeal against

certain orders passed by the registering authorities. The aggrieved parties in

such cases may approach the prescribed authorities and seek redress.

58. Special provisions in regard to transport vehicles.

–

(1) The

Central Government may, having regard to the number, nature and size of the

tyres attached to the wheels of a transport vehicle (other than a motorcab), and

its make and model and other relevant considerations, by notification in the

Official Gazette, specify, in relation to each make and model of a transport

vehicle, the

35

[maximum gross vehicle weight] of such vehicle and the

maximum safe axle weight of each axle of such vehicle.

(2) A registering authority, when registering a transport vehicle, other

than a motorcab shall enter in the record of registration and shall also enter in

the certificate of registration of the vehicle the following particulars, namely :-

(a) the unladen weight of the vehicle;

35. Substituted, ibid, for “maximum safe laden weight” (w.e.f.14-11-1994).

(b) the number, nature and size of the tyres attached to each

wheel;

(c) the gross weight of the vehicle and the registered axle

weights pertaining to the several axles thereof; and

(d) if the vehicle is used or adapted to be used for the carriage

of passengers solely or in addition to goods, the number of passengers for

whom accommodation is provided,

and the owner of the vehicle shall have the same particulars exhibited in the

prescribed manner on the vehicle.

(3) There shall not be entered in the certificate of registration of any

such vehicle any gross vehicle weight or a registered axle weight of any of

the axles different from that specified in the notification under sub-section (1)

81

in relation to the make and model of such vehicle and to the number, nature

and size of the tyres attached to its wheels :

Provided that where it appears to the Central Government that heavier

weights than those specified in the notification under sub-section (1) may be

permitted in a particular locality for vehicle of a particular type, the Central

Government may, by order in the Official Gazette direct that the provisions of this

sub-section shall apply with such modifications as may be specified in the order.

36

[***]

(5) In order that the gross vehicle weight entered in the certificate of

registration of a vehicle may be revised in accordance with the provisions of

36. Sub-S. (4) omitted by Act 27 of 2000, S.3 (w.e.f. 11-8-2000). Prior to its omission,

sub-S. (4) read as under :-

“(4) When by reason of any alteration in such vehicle, including an alteration

in the number, nature or size of its tyres, the gross vehicle weight of the vehicle or the

registered axle weight of any of its axles no longer accords with the provisions of sub-section (3),

the provisions of section 52 shall apply and the registering authority shall enter in the

certificate of registration of the vehicle revised registered weights which accord with the said

sub-section.”

sub-section (3), the registering authority may require the owner of

transport vehicle in accordance with such procedure as may be prescribed to

produce the certificate of registration within such time as may be specified by

the registering authority.

Corresponding Law. – Section 58 corresponds to section 36 of the Motor

Vehicles Act, 1939.

Objects and Reasons.

– Clause 57 empowers the Central Government to

specify in relation to each make and model of a transport vehicle the

maximum safe laden weight and the maximum safe axle weight of each such

vehicle. It also provided that the registering authorities while registering a

transport vehicle shall make a note of the unladen weight, and gross vehicle

weight and such other particulars in the registration certificate of the vehicle.

82

59. Power to fix the age limit of motor vehicle. – (1) The Central

Government may, having regard to the public safety, convenience and

objects of this Act, by notification in the Official Gazette, specify the life of a

motor vehicle reckoned from the date of its manufacture, after the expiry of

which the motor vehicle shall not be deemed to comply with the requirements

of this Act and the Rules made thereunder :

Provided that the Central Government may specify different ages for

different classes or different types of motor vehicles.

(2) Notwithstanding anything contained in sub-section (1), the Central

Government may, having regard to the purpose of a motor vehicle, such as,

display or use for the purposes of a demonstration in any exhibition, use for

the purposes of technical research or taking part in a vintage car rally, by

notification in the Official Gazette, exempt, by a general or special order,

subject to such conditions as may be specified in such notification, any class or

type of motor vehicle from the operation of sub-section (1) for the purpose to

be stated in the notification.

(3) Notwithstanding anything contained in section 56, no prescribed

authority or authorized testing station shall grant a certificate of fitness to a

motor vehicle in contravention of the provisions of any notification issued

under sub-section (1).

Corresponding Law. – This is a new provision in the 1988 Act.

Objects and Reasons. – Clause 59 seeks to empower the Central

Government to specify the life of motor vehicle of any class or type beyond

which the vehicle have to be kept-off the roads. It also confers upon the

Central Government the power to exempt from the provisions of this clause

vintage cars.

60. Registration of vehicles belonging to the Central

Government.

– (1) Such authority as the Central Government may, by

notification in the Official Gazette, specify, may register any motor vehicle

83

which is the property or for the time being under the exclusive control of the

Central Government and is used for Government purposes relating to the

defence of the country and unconnected with any commercial enterprises and

any vehicle so registered shall not, so long as it remains the property or under

the exclusive control of the Central Government, require to be registered

otherwise under this Act.

(2) The authority registering a vehicle under sub-section (1) shall sign

a registration mark in accordance with the provisions contained in the rules

made in this behalf by the Central Government and shall issue a certificate in

respect of that vehicle to the effect that such vehicle complies for the time

being with all the requirements of this Act and the rules made thereunder and

that the vehicle has been registered under this section.

(3) A vehicle registered under this section shall carry the certificate

issued under sub-section (2).

(4) If a vehicle registered under this section ceases to be property or

under the exclusive control of the Central Government, the provisions of

section 39 and 40 shall thereupon apply.

(5) The authority registering a vehicle under sub-section (1) shall

furnish to any State Government all such information regarding the general

nature, overall dimensions and axle weights of the vehicle as the State

Government may at any time require.

Corresponding Law. – Section 60 corresponds to section 39 of Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 60 provides that the Central Government

may specify the authorities who may register certain motor vehicles of the

Central Government to be specified by notification.

61. Application of Chapter to trailers. – (1) The provisions of this

Chapter shall apply to the registration of trailers as they apply to the

registration of any other motor vehicle.

84

(2) The registration mark assigned to a trailer shall be displayed in

such manner on the side of the drawing vehicle as may be prescribed by

the Central Government.

(3) No person shall drive a motor vehicle to which a trailer is or

trailers are attached unless the registration mark of the motor vehicle so driven

is displayed on the trailer or on the last trailer in the train, as the case may

be, in such manner as may be prescribed by the Central Government.

Corresponding Law. - Section 61 corresponds to section 40 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 61 lays down that the registration marks

of trailers shall be exhibited in such manner as may be prescribed.

62. Information regarding stolen and recovered motor vehicle to

be furnished by the police to the State Transport Authority.

– The

State Government may, if it thinks necessary or expedient so to do in the

public interest, direct the submission by the Inspector General of Police (by

whatever designation called) and such other police officers as the State

Government may specify in this behalf, of such returns containing the

information regarding vehicles which have been stolen and stolen vehicles

which have been recovered of which the police are aware, to the State

Transport Authority, and may prescribe the form in which and the period

within which such returns shall be made.

Corresponding Law. - This is new provision in the 1988 Act.

Objects and Reasons. – Clause 62 empowers the State Government to

direct the Inspector General of Police to furnish to the State Transport

Authority information regarding stolen and recovered motor vehicles.

63. Maintenance of State Registers of Motor Vehicles. – (1) Each

State Government shall maintain in such form as may be prescribed by the

Central Government a register to be known as the State Register of Motor

85

Vehicles, in respect of the motor vehicles in that State, containing the

following particulars, namely :-

(a) registration numbers;

(b) years of manufacture;

(c) classes and types;

(d) names and address of registered owners; and

(e) such other particulars as may be prescribed by the Central Government.

(2) Each State Government shall supply to the Central Government

37

[if so desired by it] a printed copy of the State Register of Motor Vehicles

and shall also inform the Central Government without delay of all additions to

and other amendments in such register made from time to time.

(3) The State Register of Motor Vehicles shall be maintained in such

37. Inserted by Act 54 of 1994, S. 19 (w.e.f. 14-11-1994).

manner as may be prescribed by the State Government.

Corresponding Law. – This is a new provision in the 1988 Act.

Objects and Reasons. – Clause 63 prescribes that the State Government

may maintain a State register of all motor vehicles within its jurisdiction in the

prescribed form and the State Government shall supply to the Central

Government copies of such registers and any further additions or amendments.

64. Power of the Central Government to make rules.

– The

Central Government may make rules to provide for all or any of the following

matters, namely : -

(a) the period within which and the form in which an application

shall be made and the documents, particulars and information it shall

accompany under sub-section (1) of section 41;

86

(b) the form in which the certificate of registration shall be made

and she particulars and information it shall contain and the manner in

which it shall be issued under sub-section (3) of section 41;

(c) the form and manner in which the particulars of the certificate

of registration shall be entered in the records of the registering authority under

sub-section (5) of section 41;

(d) the manner in which and the form in which the registration

mark, the letters and figures and other particulars referred to in sub-section (6)

of section 41 shall be displayed and shown;

(e) the period within which and the form in which the application

shall be made and the particulars and information it shall contain under sub-

section (8) of section 41;

(f) the form in which the application referred to in sub-section

(14) of section 41 shall be made, the particulars and information it shall

contain and the fee to be charged.

(g) the from in which and the period within which the application

referred to in sub-section (1) of section 47 shall be made and the particulars it

shall contain;

(h) the form in which and the manner in which the application for

“No Objection Certificate” shall be made under sub-section (1) of section 48

and the form of receipt to be issued under sub-section (2) of section 48;

(i) the matters that are to be complied with by an applicant before

no objection certificate may be issued under section 48;

(j) the form in which the intimation of change of address shall be

made under sub-section (1) of section 49 and the documents to be submitted

alongwith the application;

(k) the form in which and the manner in which the intimation of

transfer of ownership shall be made under sub-section (1) of section 50 or

87

under sub-section (2) of section 50 and the document to be submitted

alongwith the application.

(l) the form in which the application under sub-section (2) or sub-

section (3) of section 51 shall be made;

(m)the form in which the certificate of fitness shall be issued

under sub-section (1) of section 56 and the particulars and information it shall

contain;

(n) the period for which the certificate of fitness granted or

renewed under section 56 shall be effective;

(o) the fees to be charged for the issue or renewal or alternation

of certificates of registration, for making an entry regarding transfer of

ownership on a certificate of registration, for making or cancelling an

endorsement in respect of agreement of hire-purchase or lease or hypothecation

on a certificate of registration, for certificates of fitness for registration marks,

and for the examination or inspection of motor vehicle, and the refund of such

fees;

(p) any other matter which is to be, or may be, prescribed by the

Central Government.

Corresponding Law. – This is a new provision in the 1988 Act.

Objects and Reasons. – Clause 64 provides for the rule-making powers

of the Central Government in order to give effect to the provisions of this

Chapter.

65. Power of the State Government to make rules. – (1) A State

Government may make rules for the purpose of carrying into effect the

provisions of this Chapter other than the matters specified in section 64.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide for -

(a) the conduct and hearing of appeals that may be preferred under

this Chapter (the fees to be paid in respect of such appeals and the refund of

such fees);

88

(b) the appointment, functions and jurisdiction of registering and

other prescribed authorities;

(c) the exemption of road-rollers, graders and other vehicles

designed and used solely for the construction, repair and cleaning of roads

from all or any of the provisions of this Chapter and the rules made

thereunder and the conditions governing such exemption;

(d) the issue or renewal of certificate of registration and fitness

and duplicates of such certificates to replace the certificates lost, destroyed or

multilated;

(e) the production of certificates of registration before the

registering authority for the revision of entries therein of particulars relating to

the gross vehicle weight;

(f) the temporary registration of motor vehicles, and the issue of

temporary certificate of registration and marks;

(g) the manner in which the particulars referred to in sub-section (2)

of section 58 and other prescribed particulars shall be exhibited;

(h) the exemption of prescribed persons or prescribed classes of

persons from payment of all or any portion of the fees payable under this

Chapter.

(i) the forms, other than those prescribed by the Central

Government to be used for the purposes of this Chapter;

(j) the communication between registering authorities of particulars

of certificates of registration and by owners of vehicles registered outside the

State of particulars of such vehicles and of their registration;

(k) the amount or amounts under sub-section (13) of section 41 or

sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5)

of section 50;

(l) the extension of the validity of certificate of fitness pending

consideration of applications for their renewal;

89

(m)the extension from the provisions of this Chapter, and the

conditions and fees for exemption, of motor vehicles in the possession of

dealers;

(n) the form in which and the period within which the return

under section 62 shall be sent;

(o) the manner in which the State Register of Motor Vehicles shall

be maintained under section 63;

(p) any other matter which is to be or may be prescribed.

Corresponding Law. – Section 65 corresponds to section 41 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 65 empowers the State Government to make

rules for the purpose of carrying into effect the provisions of this Chapter.

*CHAPTER V

CONTROL OF TRANSPORT VEHICLES

66. Necessity for permits. – (1) No owner of a motor vehicle shall

use or permit the use of the vehicle as a transport vehicle in any public place

whether or not such vehicle is actually carrying any passengers or goods save

in accordance with the conditions of a permit granted or countersigned by a

Regional or State Transport Authority or any prescribed authority authorising

him the use of the vehicle in that place in the manner in which the vehicle is

being used :

Provided that a stage carriage permit shall, subject to any conditions that

may be specified in the permit, authorise the use of the vehicle as a contract

carriage:

Provided further that a stage carriage permit may, subject to any

conditions that may be specified in the permit, authorise the use of the vehicle

as a good carriage either when carrying passengers or not :

Provided also that a goods carriage permit shall, subject to any

conditions that may be specified in the permit, authorise the holder to use the

90

vehicle for the carriage of goods for or in connection with a trade or business

carried on by him.

(2) The holder of a goods carriage permit may use the vehicle, for

drawing of any trailer or semi-trailer not owned by him, subject to such

conditions as may be prescribed:

38

[Provided that the holder of a permit of any articulated vehicle may

use the prime-mover of that articulated vehicle for any other semi-trailer.]

(3) The provisions of sub-section (1) shall not apply -

(a) to any transport vehicle owned by the Central Government or a

State Government and used for Government purposes unconnected with any

commercial enterprise;

to any transport vehicle owned by a local authority or by a person

acting under contract with a local authority and used solely for road cleansing,

road watering or conservancy purposes;

* S.5 of the T. N. Motor Vehicles (Special Provisions) Act, 1992 provides that the

provisions of Ss. 3,4 and 6 of the 1992 T. N. Act shall have effect notwithstanding anything

inconsistent therewith contained in Chaps. V and VI including S.98 of the Motor Vehicles

Act, 1988.

38. Added by Act 54 of 1994, S. 20 (w.e.f. 14-11-1994).

(b) to any transport vehicle used solely for police, fire brigade or

ambulance purposes;

(c) to any transport vehicle used solely for the conveyance of

corpses and the mourners accompanying the corpses;

(d) to any transport vehicle used for towing a disabled vehicle or

for removing goods from a disabled vehicle to a place of safety;

(e) to any transport vehicle used for any other public purposes as

may be prescribed by the State Government in this behalf;

(f) to any transport vehicle used by a person who manufactures or

deals in motor vehicles or builds bodies for attachment to chassis, solely for

such purposes and in accordance with such conditions as the Central Government

may, by notification in the Official Gazette, specify in this behalf;

91

39

[***]

(i) to any goods vehicle, the gross vehicle weight of which

does not exceed 3,000 kilograms;

(j) subject to such conditions as the Central Government may, by

notification in the Official Gazette, specify, to any transport vehicle purchased

in one State and proceeding to a place, situated in that State or in any other

State, without carrying any passenger or goods;

(k) to any transport vehicle which has been temporarily registered

under section 43 while proceeding empty to any place for the purpose of

registration of the vehicle;

40

[***]

39. Cl. (h) omitted by Act 27 of 2000, S. 4 (w.e.f. 11-8-2000). Prior to its omission. Cl. (h)

read as under :-

“(h) to any transport vehicle owned by, and used solely for the purposes of, any

educational institution which is recognised by the Central or State Government or whose

managing committee is a society registered under the Societies Registration Act, 1860 (21 of

1860) or under any law corresponding to that Act in force in any part of India;”

40. Cl. (l) omitted by Act 39 of 2001, S. 2. Prior to its omission, Cl. (l) read as under : -

“(l) to any motor vehicle which is operated by electric battery, compressed natural gas or

solar energy;”

(l) to any transport vehicle which, owing to flood, earthquake or

any other natural calamity, obstruction o n road, or unforeseen circumstances, is

required to be diverted through any other route, whether within or

outside the State, with a view to enabling it to reach its destination;

(m) to any transport vehicle used for such purposes as the

Central or State Government may, by order, specify;

(n) to any transport vehicle which is subject to a hire-purchase,

lease hypothecation agreement and which owning to the default of the owner

has been taken possession of by or on behalf of, the person with whom the

owner has entered into such agreement, to enable such motor vehicle to reach

its destination; or

92

(o) to any transport vehicle while proceeding empty to any place

for purpose of repair;

(4) Subject to the provisions of sub-section (3), sub-section (1) shall,

if the State Government by rule made under section 96 so prescribes, apply to

any motor vehicle adapted to carry more than nine persons excluding the

driver.

Corresponding Law. – Section 66 corresponds to section 42 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 66 lays down that no motor vehicle shall

be used as a transport vehicle without a permit issued by transport authorities

to use the vehicle as such in a public place. It also provides for exemption of

certain vehicles from the operation of the provisions of this clause on certain

conditions and for usage for certain specific purposes.

67. Powers to State Government to control road transport. – (1)

A State Government, having regard to -

(a) the advantages offered to the public, trade and industry by the

development of motor transport.

(b) the desirability of co-ordinating road and rail transport,

(c) the desirability of preventing the deterioration of the road

system, and

(d) the desirability of preventing uneconomic competition among

holders of permits,

may, from time to time, by notification in the Official Gazette, issue directions both to

the State Transport Authority and Regional Transport Authority-

(i) Regarding the fixing of fares and freight (including the maximum

and minimum in respect thereof) for stage carriages, contract carriages and goods

carriages :

41

[ **** ]

(ii) regarding the prohibition or restriction, subject to such conditions as

may be specified In the direction, of the conveying of long distance goods traffic

generally, or of specified classes of goods carriages ;

93

(iii) regarding any other matter which may appear to the State

Government necessary or expedient for giving effect to any agreement entered

into with the Central Government or any other country relating to the regulation of

motor transport generally, and in particular to its co-ordination with other means of

transport and the conveying of long distance goods traffic.

Provided that no such notification in respect of the matters referred to in clause

(ii) or clause (iii) shall be issued unless a draft of the proposed direction is publised in

the official gazette specifying there in a date being not less than one month after such

publication, on or after which the draft will be taken into consideration and any

objection or suggestion which may be received has, in consultation with the

State Transport Authority, been considered after giving the representatives of the

interests affected an opportunity of being heard.

(2) Any direction under sub-section (1) regarding the fixing of fares and

freights for stage carriages, contract carriages and goods carriages may provide that

such fares or freights hall be inclusive of the tax payable by the passengers or the

consignors of the goods, as the case may be, to the operators of the stage carriages,

41. Proviso omitted by Act 39 of 2001, S. 2. Prior to its omission, the Proviso read as under :-

“Provided that the fares and freights in respect of such stage carriages, contract carriages and goods

carriages operated by battery, compressed natural gas or solar energy shall fixed by the owner or

operator.”

contract carriages or goods carriages under any law for the time being in force relating

to tax on passengers and goods.

Corresponding Law

:-

Section 67 corresponds to section 43 of the Motor

Vehicles Act, 1939.

Objects and Reasons :- Clause 67 authorises the State Government to issue

direction to the Transport Authorities regarding the fixing of fares and freight for

transport vehicles, the prohibition and restriction for the carriage of long distance

goods traffic, the giving effect to any inter –state inter-country agreement in respect

of regulation of motor transport.

68. Transport Authorities - (1) The State Government shall, by notification

in the Official Gazette, constitute for the State a State Transport Authority to exercise

94

and discharge the powers and functions specified in sub-section (3), and shall in like

manner constitute Regional Transport Authorities to exercise and discharge

throughout such areas ( in this Chapter referred to as regions) as may be specified in

the notification, in respect of each Regional Transport Authority, the powers and

functions conferred by or under this Chapter on such Authorities :

Provided that in the Union Territories, the Administrator may abstain from

constituting any Regional Transport Authority.

(2) A State Transport Authority or a Regional Transport Authority shall

consist of a Chairman who has had judicial experience or experience as an appellate or

a revisional authority or as an adjudicating authority competent to pass any order or

take any decision under any law and in the case of a State Transport Authority, such

other persons ( whether officials or not), not being more than four and, in the case of a

Regional Transport Authority, such other person ( whether officials or not), not being

more than two, as the State Government may think fit to appoint ; but no person who

has any financial interest whether as proprietor, employee or otherwise in any

transport undertaking shall be appointed, or continue to be, a member of a State or

Regional Transport Authority, and , if any person being a member of any such

Authority acquires a financial interest in any transport undertaking, he shall within

four weeks of so doing, give notice in writing to the State Government of the

acquisition of such interest and shall vacate office.

Provided that nothing in this sub-section shall prevent any of the members of the

State Transport Authority or a Regional Transport Authority, as the case may be, to

preside over a meeting of such Authority during the absence of the Chairman,

notwithstanding that such member does not possess judicial experience or experience

as an appellate or a revisional authority or as an adjudicating authority competent to a

pass any order or take any decision under any law :

Provided further that the State Government may, -

(i) where it considers necessary or expedient so to do, constitute the State

Transport Authority or a Regional Transport Authority for any region so as to consist

of only one member who shall be an official with judicial experience or experience as

95

an appellate or a revisional authority or as an adjudicating authority competent to pass

any order or take any decision under any law ;

(ii) by rules made in this behalf, provide for the transaction of business of

such authority in the absence of the Chairman or any other member and specify the

circumstances under which, and the manner in which, such business could be so

transacted :

Provided also that nothing in this sub-section shall be construed as debarring an

official ( other than an official connected directly with the management or operation

of a transport undertaking ) from being appointed or continuing as a member of any

such authority merely by reason of the fact that the Government employing the

official has, or acquires, any financial interest in a transport undertaking.

(3) The State Transport Authority and every Regional Transport Authority

shall give effect to any directions issued under section 67 and the State Transport

Authority shall, subject to such directions and save as otherwise provided by or under

this Act, exercise and discharge throughout the State the following powers and

functions, namely :-

(a) to co-ordinate and regulate the activities and policies of the Regional

Transport Authorities, if any, of the State ;

(b) to perform the duties of a Regional Transport Authority where there is

no such Authority and, if it thinks fit or if so required by a Regional Transport

Authority, to perform those duties in respect of any route common to two or more

regions;

(c) to settle all disputes and decide all matters on which differences of

opinion arise between Regional Transport Authorities;

42

[(ca) Government to formulate routes for playing stage carriages; and ]

(d) to discharge such other functions as may be prescribed.

(4) For the purpose of exercising and discharging the powers and functions

specified in sub-section (3), a State Transport Authority may, subject to such

conditions as may be prescribed, issue directions to any Regional Transport Authority,

and the Regional Transport Authority shall, in the discharge of its functions under this

Act, give effect to and be guided by such directions.

96

(5) The State Transport Authority and any Regional Transport Authority, if

authorised in this behalf by rules made under section 96, may delegate such of its

powers and functions to such authority or person subject to such restrictions,

limitations and conditions as may be prescribed by the said rules.

Corresponding Law

-

Section 68 corresponds to section 44 of the Motor

Vehicles Act, 1939.

Objects and Reasons - Clause 68 confers upon the State Governments, the

power to constitute State Transport Authority and Regional Transport Authorities

consisting of officials and also non-officials. It also provides that if the State

Government so desires, the transport authority may consist of one member who shall

be an official. It also provides for delegation of powers by the transport authorities to

any authorities or persons for convenient despatch of business.

69. General provision as to applications for permits

-

(1) Every

application for a permit shall be made to the Regional Transport Authority of the

region in which it is proposed to use the vehicle or vehicles :

Provided that if it is proposed to use the vehicle or vehicles in two or more

regions lying within the same State, the application shall be made to the Regional

Transport Authority of the region in which the major portion of the proposed route or

area lies, and in case the portion of the proposed route or area in each of the regions is

42. Inserted by Act 54 of 1994, S. 22 ( w.e.f. 14-11-1994).

approximately equal, to the Regional Transport Authority of the region in which it is

proposed to keep the vehicle or vehicles;

Provided further that if it is proposed to use the vehicle or vehicles in two or

more regions lying in different States, the application shall be made to the Regional

Transport Authority of the region in which the applicant resides or has his principal

place of business.

(2) Notwithstanding anything contained in sub-section (1), the State

Government may, by notification in the Official Gazette, direct that in the case

of any vehicle or vehicles proposed to be used in two or more regions lying in

different States, the application under that sub-section shall be made to the State

97

Transport Authority of the region in which the applicant resides or has his principal

place of business.

Corresponding Law - Section 69 corresponds to section 45 of the Motor

Vehicles Act, 1939.

Objects and Reasons

-

Clause 69 specifies the transport authorities to whom

applications for permits to operate transport vehicles on intra-district, inter-district,

inter-State and inter-State routes has to be made.

70. Application for stage carriage permit - (1) An application for a

permit in respect of a stage carriage ( in this Chapter referred to as a stage carriage

permit ) or as a reserve stage carriage shall, as far as may be, contain the following

particulars, namely :-

(a) the route or routes or the area or areas to which the application relates ;

(b) the type and seating capacity of each such vehicle ;

(c) the minimum and maximum number of daily trips proposed to be provided

and the time-table of the normal trips.

Explanation

-

For the purposes of this section, section 72, section 80 and

section 102, “trip” means a single journey from one point to another, and every return

journey shall be deemed to be a separate trip;

(d) the number of vehicles intended to be kept in reserve to maintain the service

and to provide for special occasions;

(e) the arrangements intended to be made for the housing, maintenance and

repair of the vehicles, for the comfort and convenience of passengers and for the

storage and safe custody of luggage;

(f) such other matters as may be prescribed.

(2) An application referred to in sub-section (1) shall be accompanied by such

documents as may be prescribed.

Corresponding Law :- Section 70 corresponds to section 46 of the Motor

Vehicles Act, 1939.

Objects and Reasons - Clause 70 prescribes the form of application for the

grant of stage carriage permit and spare bus permit.

98

71. Procedure of Regional Transport Authority in considering

application for stage carriage permit

- (1) A Regional Transport Authority

shall, while considering an application for a stage carriage permit, have regard to the

object of this Act :

43

[******]

(2) A Regional Transport Authority shall refuse to grant a stage carriage permit

if it appears from any time-table furnished that the provisions of this Act relating to

the speed at which vehicles may be driven are likely to be contravened :

Provided that before such refusal an opportunity shall be given to the applicant

to amend the time-table so as to conform to the said provisions.

(3) (a) The State Government shall, if so directed by the Central Government

having regard to the number of vehicles, road conditions and other relevant matters,

by notification in the Official Gazette, direct a State Transport Authority and a

Regional Transport Authority to limit the number of stage carriages generally or of

any specified type, as may be fixed and specified in the notification, operating on city

routes in towns with a population of not less than five lakhs.

(b) Where the number of stage carriages are fixed under clause (a), the

43. Proviso omitted by Act 54 of 1994, S. 23 ( w.e.f. 14-11-1994 ). Prior to its omission, the

Proviso read as under :-

“provided that such permit for a route of fifty kilometers or less shall be granted only to an individual

or a State Transport undertaking.”

Government of the State shall reserve in the State certain percentage of stage carriage

permits for the scheduled castes and the scheduled tribes in the same ratio as in the

case of appointments made by direct recruitment to public services in the State.

(c) Where the number of stage carriages are fixed under clause (a), the

Regional Transport Authority shall reserve such number of permits for the scheduled

castes and the scheduled tribes as may be fixed by the State Government under sub-

clause (b).

(d) After reserving such number of permits as is referred to in clause (c), the

Regional Transport Authority shall in considering an application have regard to the

following matters, namely :-

99

(i) financial stability of the applicant ;

(ii) satisfactory performance as a stage carriage operator

including payment of tax if the applicant is or has been an operator of stage carriage

service; and

(iii) such other matters as may be prescribed by the State

Government:

Provided that, other conditions being equal, preference shall be given

applications for permits from –

(i) State transport undertakings ;

(ii) Co-operative societies registered or deemed to have been

registered under any enactment for the time being in force ;

44

[*]

(iii) Ex-servicemen ;

45

[or]

46

[(iv) any other class or category of persons, as the State Government

may, for reasons to be recorded in writing, consider necessary].

47

[**]

47

[**]

Explanation - For the purposes of this section “ company ” means any body

corporate, and includes a firm or other association of individuals; and “director”, in

relation to a firm, means a partner in the firm.

44. The word “or” omitted by Act 54 of 1994, S. 23 ( w.e.f. 14-11-1994 ).

45. Inserted, ibid ( w.e.f. 14-11-1994 ).

46. Inserted, ibid ( w.e.f. 14-11-1994 ).

Corresponding Law :- Section 71 corresponds to section 47 of the Motor

Vehicles Act, 1939.

Objects and Reasons - Clause 71 lays down the procedure in considering

applications for stage carriage permits by the Regional Transport Authorities and also

provides for empowering the State Government to issue direction to the Transport

authorities to limit the number of stage carriage permits in certain towns and cities

with a population of not less than five lakhs.

72. Grant of stage carriage permit - (1) Subject to the provisions of section 71, a

Regional Transport Authority may, on an application made to it under section 70,

100

grant a stage carriage permit in accordance with the application or with such

modifications as it deems fit or refuse to grant such a permit :

Provided that no such permit shall be granted in respect of any route or area not

specified in the application.

(2) The Regional Transport Authority, of it decides to grant a stage carriage

permit, may grant the permit for a stage carriage of a specified description and may,

subject to any rules that may be made under this Act, attach to the permit any one or

more of the following conditions, namely :-

(i) that the vehicles shall be used only in a specified area, or on a

specified route or routes;

(ii)that the operation of the stage carriage shall be commenced with

effect from a specified date ;

(iii)the minimum and maximum number of daily trips to be provided in

relation to any route or area generally or on specified days and occasions ;

47. Ss. (40 and (5) omitted by Act 54 of 1994, S. 23 ( w.e.f. 14-11-1994 ). Prior to their

omission, sub-Ss. (4) and (5) read as under :-

“(4) A Regional Transport Authority shall not grant more than five stage carriage permits to

any individual or more than ten stage carriage permits to any company ( not being a State transport

undertaking ).

(5) In computing the number of permits to be granted under sub-section (4), the permits held

by an applicant in the name of any other person and the permits held by any company of which such

applicant is a director shall also betaken into account.”

(iv)that copies of the time-table of the stage carriage approved by the

Regional Transport Authority shall be exhibited on the vehicles and at specified stands

and halts on the route or within the area ;

(v) that the stage carriage shall be operated within such margins of

deviation from the approved time-table as the Regional Transport Authority may from

time to time specify ;

(vi) that within municipal limits and such other areas and places as may

be prescribed, passengers or goods shall not be taken up or set down except at

specified points ;

101

(vii) the maximum number of passengers and the maximum weight of

luggage that may be carried on the stage carriage, either generally or on specified

occasions or at specified times and seasons;

(viii) the weight and nature of passenger’s luggage that shall be carried

free of charge, the total weight of luggage that may be carried in relation to each

passenger, and the arrangements that shall be made for the carriage of luggage without

causing inconvenience to passengers;

(ix) the rate of charge that may be levied for passengers’ luggage in

excess of the free allowance ;

(x) that vehicles of a specified type fitted with body conforming to

approved specifications shall be used :

Provided that the attachment of this condition to a permit shall not prevent the

continued use, for a period of two years from the date of publication of the approved

specifications, of any vehicle operating on that date ;

(xi) that specified standards of comfort and cleanliness shall be

maintained in the vehicles;

(xii) the conditions subject to which goods may be carried in the stage

carriage in addition to or to the exclusion of passengers ;

(xiii) that fares shall be charged in accordance with the approved fare

table ;

(xiv) that a copy of , or extract from, the fare table approved by the

Regional Transport Authority and particulars of any special fares or rates of fares so

approved for particular occasions shall be exhibited on the stage carriage and at

specified stands and halts ;

(xv) that tickets bearing specified particulars shall be issued to

passengers and shall show the fares actually charged and that records of tickets issued

shall be kept in a specified manner ;

(xvi) that mails shall be carried on the vehicle subject to such conditions

( including conditions as to the time in which mails are to be carried and the charges

which may be levied ) as may be specified ;

102

(xvii) the vehicles to be kept as reserve by the holder of the permit to

maintain the operation and to provide for special occasions ;

(xviii) the conditions subject to which the vehicle may be used as a

contract carriage ;

(xix) that specified arrangements shall be made for the housing,

maintenance and repair of vehicle ;

(xx) that any specified bus station or shelter maintained by Government

or a local authority shall be used and that any specified rent or fee shall be paid for

such use ;

(xxi) that the conditions of the permit shall not be departed from, save

with the approval of the Regional Transport Authority ;

(xxii) that the Regional Transport Authority may, after giving notice of

not less than one month , -

(a) vary the conditions of the permit ;

(b) attach to the permit further conditions :

Provided that the conditions specified in pursuance of clause (i) shall not be

varied so as to alter the distance covered by the original route by more than 24

kilometers, and any variation within such limits shall be made only after the regional

transport authority is satisfied that such variation will serve the convenience of the

public and that it is not expedient to grant a separate permit in respect of the original

route as so varied or any part thereof;

(xxiii) that the holder of a permit shall furnish to the Regional Transport

Authority such periodical returns, statistics and other information as the State

Government may from time to time prescribe ;

(xxiv) any other conditions which may be prescribed.

Corresponding Law :- Section 72 corresponds to section 48 of the Motor

Vehicles Act, 1939.

Objects and Reasons :- Clause 72 empowers the transport authorities to grant

or refuse a stage carriage permit and also to impose certain conditions and attach such

conditions to the permits issued.

103

73. Application for contract carriage permit - An application for a

permit in respect of a contract carriage ( in this Chapter referred to as a contract

carriage permit ) shall contain the following particulars, namely :-

(a) the type and seating capacity of the vehicle ;

(b) the area for which the permit is required ;

(c) any other particulars which may be prescribed.

Corresponding Law

:-

Section 73 corresponds to section 49 of the Motor

Vehicles Act, 1939.

Objects and Reasons :- Clause 73 prescribes the form of application for

contract carriage permit.

74.

Grant of contract carriage permit :- (1) Subject to the provisions of

sub-section (3), a regional transport authority may, on an application made to it under

section 73, grant a contract carriage permit in accordance with the application or with

such modifications as it deems fit or refuse to grant such a permit :

Provided that no such permit shall be granted in respect of any area not

specified in the application.

(2) The Regional Transport Authority, if it decides to grant a contract

carriage permit, may, subject to any rules that may be made under this act, attach to

the permit any one or more of the following conditions, namely:-

(i) that the vehicles shall be used only in a specified area or on a

specified route or routes;

(ii) that except in accordance with specified conditions, no contract of

hiring, other than an extension or modification of a subsisting contract, may be

entered into outside the specified area;

(iii) the maximum number of passengers and the maximum weight of

luggage that may be carried on the vehicle, either generally or on specified occasions

or at specified times and seasons;

(iv) the conditions subject to which goods may be carried in any

contract carriage in addition to, or to the exclusion of, passengers;

(v) that, in the case of motorcabs, specified fares or rates of fares shall

be charged and a copy of the fare table shall be exhibited on the vehicle;

104

(vi) that, in the case of vehicles other than motorcabs, specified rates of

hiring not exceeding specified maximum shall be charged;

(vii) that, in the case of motorcabs, a specified weight of passengers

luggage shall be carried free of charge, and that the charge, if any, for any luggage

in excess thereof shall be at a specified rate;

(viii) that, in the case of motorcabs, a taximeter shall be fitted and

maintained in proper working order, if prescribed;

(ix) that the Regional Transport Authority may, after giving notice of

not less than one month,-

(a) vary the conditions of the permit

(b) attach to the permit further conditions;

(x) that the conditions of permit shall not be departed from save with

the approval of the Regional Transport Authority;

(xi) that specified standards of comfort and cleanliness shall be

maintained in the vehicles;

(xii) that, except in the circumstances of exceptional nature, the plying

of the vehicle or carrying of the passengers shall not be refused;

(xiii) any other conditions which may be prescribed.

(3)(a) The State Government shall, if so directed by the Central Government,

having regard to the number of vehicles, road conditions and other relevant matters,

by notification in the Official Gazette, direct a State Transport Authority and a

Regional Transport Authority to limit the number of contract carriages generally or of

any specified type as may be fixed and specified in the notification, operating on city

routes in towns with a population of not less than five lakhs.

(b) Where the number of contract carriages are fixed under clause (a), the

Regional Transport Authority shall, in considering an application for the grant of

permit in respect of any such contract carriage, have regard to the following matters,

namely :-

(i) financial stability of the applicant

(ii) satisfactory performance as a contract carriage operator including

payment of tax if the applicant is or has been an operator of contract carriages ; and

105

(iii) such other matters as may be prescribed by the State

Government:

Provided that, other conditions being equal, preference shall be given to

applications for permits from –

(i) the India Tourism Development Corporation ;

(ii) State Tourism Development Corporation ;

(iii) State Tourism Departments ;

(iv) State Transport undertakings ;

(v) Co-operative societies registered or deemed to have been

registered under any enactment for the time being in force ;

(vi) Ex-servicemen.

Corresponding Law :- Section 74 corresponds to section 51 of the Motor

Vehicles Act, 1939.

Objects and Reasons

:-

Clause 74 seeks to empower the transport authorities

to grant or refuse a contract carriage permit and as also to impose certain conditions

and attach such conditions to the permits issued. It also empowers the Central

Government to issue directions to transport authorities to limit the number of permits

to be issued in cities and towns having a populations of not less than 5 lakhs.

75. Scheme for renting of motorcabs. - (1) the central government may by

notification in the official gazatte, make a scheme for the purpose of regulating the

business of renting of

48

[motorcabs or motor cycles to persons desiring to drive either

by themselves or through drivers, motorcabs or motor cycles]for their own use and for

matters connected therewith.

(2) A scheme made under sub-section (1) may provide for all or any of the

following matters, namely;-

(a) licensing of operators under the scheme including grant, renewal

and revocation of such licences;

(b) form of application and form of licences and the particulars to be

contained therein;

(c) fee to be paid with the application for such licences;

(d) the authorities to which the application shall be made;

106

(e) condition subject to which such licences may be granted,

renewed or revoked;

(f) appeals against orders of refusal to grant or renew such licences

and appeals against orders revoking such licences;

(g) conditions subject to which motorcabs may be rented;

(h) maintenance of records and inspection of such records;

(i) such other matters as may be necessary to carry out the purpose

of this section,

Corresponding Law :- this is a new provision in the 1988 ACT.

Objects and Reasons :- Clause75 provides that the central government may

make a scheme for regulating the renting of motorcabs to hirers enabling the hirers to

drive the vehicles themselves for their own use.

76.

Application for private service vehicle permit

. -

(1) A Regional

Transport Authority may, on an application made to it, grant a private service vehicle

permit in accordance with the application or with such modification as it deems fit or

refuse to grant such permit;

Provided that no such permit shall be granted in respect of any area or route not

specified in the application.

48. Substituted for “motorcabs to persons desiring to drive the cabs” by Act 54 of 1994, S. 24

( w.e.f. 14-11-1994 ).

(2) An application for a permit to use a motor vehicle as a private service

vehicle shall contain the following particulars, namely;-

(a) type and seating capacity of the vehicle ;

(b) the area or the route or routes to which the application relates ;

(c) the manner in which it is claimed that the purpose of carrying

persons otherwise than for hire or reward or in connection with the trade or business

carried on by the applicant will be served by the vehicle ; and

(d) any other particulars which may be prescribed.

(3) The Regional Transport Authority if it decides to grant the permit may,

subject to any rules that may be made under this Act, attach to the permit any one or

more of the following conditions, namely :-

107

(i) that the vehicle be used only in a specified area or on a specified

route or routes ;

(ii) the maximum number of persons and the maximum weight of

luggage that may be carried ;

(iii) that the Regional Transport Authority may, after giving notice of

not less than one month -

(a) vary the conditions of the permit ;

(b) attach to the permit further conditions ;

(iv) that the conditions of permit shall not be departed from, save with

the approval of the Regional Transport Authority;

(v) that specified standards of comforts and cleanliness shall be

maintained in the vehicle ;

(vi) that the holder of the permit shall furnish to the Regional

Transport Authority such periodical returns, statistics and other information as the

State Government may, from time to time, specify ; and

(vii) such other conditions as may be prescribed.

Corresponding Law :- Section 76 corresponds to section 52 of the Motor

Vehicles Act, 1939.

Objects and Reasons :- Clause 76 deals with permits for private service

vehicles for the transport of employees by the employers otherwise than for hire or

reward, the authorities to grant such permits and the conditions to be attached to such

permit.

77. Application for goods carriage permit :- An application for a permit

to use a motor vehicle for the carriage of goods for hire or reward or for the carriage

of goods for or in connection with a trade or business carried on by the applicant ( in

this Chapter referred to as a goods carriage permit ) shall, as far as may be, contain the

following particulars, namely :-

(a) the area or the route or routes to which the application relates ;

(b) the typed and capacity of the vehicle ;

(c) the nature of the goods it is proposed to carry ;

108

(d) the arrangements intended to be made for the housing, maintenance

and repair of the vehicle and for the storage and safe custody of the goods ;

(e) such particulars as the Regional Transport Authority may require

with respect to any business as a carrier of goods for hire or reward carried on by the

applicant at any time before the making of the application, and of the rates charged by

the applicant:

(f) particulars of any agreement, or arrangement, affecting in any

material respect the provision within the region of the Regional Transport Authority of

facilities for the transport of goods for hire or reward, entered into by the applicant

with any other person by whom such facilities are provided, whether within or without

the region ;

(g) any other particulars which may be prescribed.

Corresponding Law

:-

Section 77 corresponds to section 54 of the Motor

Vehicles Act, 1939.

Objects and Reasons :- Clause 77 prescribes the form of application for goods

carriage permit.

78. Consideration of application for goods carriage permit :- A

Regional Transport Authority shall, in considering an application for a goods carriage

permit, have regard to the following matters, namely;-

(a) the nature of the good to be carried with special reference to their

dangerous or hazardous nature to human life;

(b) the nature of the chemicals or explosives to be carried with special

reference to the safety to human life.

Corresponding law.-

Section 78 corresponds to section 55 of the motor

vehicles act, 1939.

Objects and reasons.– Clause 78 deals with procedure for the grant of goods of

carriage permit

79. Grant of goods carriage permit. - (1) A Regional Transport Authority

may, on an application made to it under section 77, grant a goods carriage permit to be

valid throughout the State or in accordance with the application or with such

modifications as it deems fit or refuse to grant such a permit:

109

Provided that no such permit shall be granted in respect of any area or route not

specified in the application.

(2) The Regional Transport Authority, if it decides to grant a goods carriage

permit it, may grant the permit and may, subject to any rules that may be made under

this Act, attach to the permit any one or more of the following conditions, namely:-

(i) that the vehicle shall be used only in a specified area, or on a

specified route or routes;

(ii) that the gross vehicle weight of any vehicle used shall not exceed

a specified maximum;

(iii) that goods of a specified nature shall not be carried;

(iv) that goods shall be carried at specified rates;

(v) that specified arrangement shall be made for the housing,

maintenance and repair of the vehicle and the storage and safe custody of the goods

carried;

(vi) that the holder of the permit shall furnish to the Regional

Transport Authority such periodical returns, statistics and other information as the

State Government may, from time to time, prescribe;

(vii) that the Regional Transport Authority may, after giving notice of

not less than one month,-

(a) vary the conditions of the permit;

(b) attach to the permit further conditions;

(viii) that the conditions of the permit shall not be departed from, save

with the approval of the Regional Transport Authority ;

(ix) any other conditions which may be prescribed.

(3) The conditions referred to in sub-section (2) may include conditions

relating to the packaging and carriage of goods of dangerous or hazardous nature to

human life.

Corresponding Law. - Section 79 corresponds to section 56 of the motor

vehicles act, 1939.

110

Objects and Reasons. - Clause 79 provides for the grant of goods carriage

permits, the power of transport authorities to grant or refuse such permits and to

impose conditions and attach such conditions to the permit.

80. Procedure in applying for and granting permits

:-

(1) An

application for a permit of any kind may be made at any time.

(2) A

49

[ Regional Transport Authority, State Transport Authority or any

prescribed authority referred to in sub-section (1) of section 66] shall not ordinarily

refuse to grant an application for permit of any kind made at any time under this Act;

Provided that the

50

[ Regional Transport Authority, State Transport Authority

or any prescribed authority referred to in sub-section (1) of section 66] may

summarily refuse the application if the grant of any permit in accordance with the

application would have the effect of increasing the number of stage carriages as fixed

and specified in a notification in the Official Gazette under clause (a) of sub-section

(3) of section 71 or of contract carriages as fixed and specified in a notification in the

Official Gazette under clause (a) of sub-section (3) of section 74;

Provided further that where a

51

[Regional Transport Authority, State Transport

Authority or any prescribed authority referred to in sub-section (1) of section 66]

refuses an application for the grant of a permit of any kind under this Act, it shall give

to the applicant in writing its reasons for the refusal of the same and an opportunity of

being heard in the matter.

49. Substituted for “Regional Transport Authority” by Act 54 of 1994, S. 25 (w.e.f. 14-11-1994 ).

50. Substituted, ibid, for “Regional Transport Authority” ( w.e.f. 14-11-1994 ).

51. Substituted, ibid, for “Regional Transport Authority” ( w.e.f. 14-11-1994 ).

(3) An application to vary the conditions of any permit, other than a

temporary permit, by the inclusion of a new route or routes or a new area or by

altering the route or routes or area covered by it, or in the case of a stage carriage

permit by increasing the number of trips above the specified maximum or by the

variation, extension or curtailment of the route or routes or the area specified in the

permit shall be treated as an application for the grant of a new permit ;

Provided that it shall not be necessary so to treat an application made by the

holder of stage carriage permit who provides the only service on any route to increase

111

the frequency of the service so provided without any increase in the number of

vehicles ;

Provided further that, -

(i) in the case of variation, the termini shall not be altered and the distance

covered by the variation shall not exceed twenty four kilometers ;

(ii) in the case of extension, the distance covered by extension shall not

exceed twenty four kilometers from the termini, & any such variation or extension

within such limits shall be made only after the transport authority is satisfied that such

variation will serve the convenience of the public and that it is not expedient to grant a

separate permit in respect of the original route as so varied or extended or any part

thereof.

(3) A

52

[Regional Transport Authority, State Transport Authority or any

prescribed authority referred to in sub-section (1) of section 66] may, before such date

as may be specified by it in this behalf, replace any permit granted by it before the

said date by a fresh permit conforming to the provisions of section 72 or section 74 or

section 76 or section 79, as the case may be, and the fresh permit shall be valid for the

same route or routes or the same area for which the replaced permit was valid.

Provided that no condition other than a condition which was already attached to

the replaced permit or which could have been attached thereto under the law in force

when that permit was granted shall be attached to the fresh permit except with the

consent in writing of the holder of the permit.

52. Substituted for “Regional Transport Authority” by Act 54 of 1994, S. 25 ( w.e.f. 14-11-

1994 ).

(4) Notwithstanding anything contained in section 81, a permit issued under

the provisions of sub-section (4) shall be effective without renewal for the remainder

of the period during which the replaced permit would have been so effective.

Corresponding Law. - Section 80 corresponds to section 57 of the motor

vehicles act, 1939.

Objects and Reasons. - Clause 80 lays down the procedure in applying for and

granting permits of any kind, variations of permits and replacement of permits by

fresh permits under certain circumstances by the transport authorities.

112

81. Duration and renewal of permits. - (1) A permit other than a

temporary permit issued under section 87 or a special permit issued under sub-

section (8) of section 88 shall be effective

53

[ from the date of issuance or renewal

thereof ] for a period of five years.

Provided that where the permit is countersigned under sub-section (1) of

section 88, such countersignature shall remain effective without renewal for such

period so as to synchronise with the validity of the primary permit.

(2) A permit may be renewed on in application made not less than 15 days

before the date of its expiry.

(3) Notwithstanding anything contained in sub-section (2), the Regional

Transport Authority or the State Transport Authority, as the case may be, may

entertain an application for the renewal of a permit after the last date specified in that

sub-section if it is satisfied that the applicant was prevented by good and sufficient

cause from making an application within the time specified.

(4)The Regional Transport Authority or the State Transport Authority, as the

case may be, may reject an application for the renewal of a permit on one or more of

the following grounds, namely :-

(a) the financial condition of the applicant as evidenced by insolvency, or

decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to

the date of consideration of the application ;

(b) the applicant had been epunished twice or more for any of the following

offences within twelve months reckoned from fifteen days prior to the date of

53. Substituted, by S. 26, ibid, for “without renewal” ( w.e.f. 14-11-1994 ).

(c) consideration of the application committed as a result of the operation of

a stage carriage service by the applicant, namely :-

(i) plying any vehicle -

(1) without payment of tax due on such vehicle ;

(2) without payment of tax during the grace period allowed for

payment of such tax and then stop the plying of such vehicle ;

(3) on any unauthorised route ;

(ii) making unauthorised trips:

113

Provided that in computing the number of epunishments for the purpose of

clause (b), any epunishment stayed by the order of an appellate authority shall not

be taken into account :

Provided further that no application under this sub-section shall be rejected

unless an opportunity of being heard is given to the applicant.

(5) Where a permit has been renewed under this section after the expiry of

the period thereof, such renewal shall have effect from the date of such expiry

irrespective of whether or not a temporary permit has been granted under clause (d) of

section 87, and where a temporary permit has been granted, the fee paid in respect of

such temporary permit shall be refunded.

Corresponding Law.- Section 81 corresponds to section 58 of the motor

vehicles act, 1939.

Objects and Reasons.

-

Clause 81 lays down the validity of a permit of any

kind as 5 years. It also provides for the renewal of the permit for 5 years, the time

within which application for renewal of permit should be submitted to the transport

authorities and the conditions subject to which the permit may be renewed

automatically.

82. Transfer of permit. - (1) Save as provided in sub-section (2), a permit

shall not be transferable from one person to another except with the permission of the

transport authority which granted the permit and shall not, without such permission,

operate to confer on any person to whom a vehicle covered by the permit is

transferred any right to use that vehicle in the manner authorised by the permit.

(2) Where the holder of a permit dies, the person succeeding to the

possession of the vehicle covered by the permit may, for a period of three months, use

the permit as if it had been granted to himself :

Provided that such person has, within thirty days of the death of the holder,

informed the transport authority which granted the permit of the death of the holder

and of his own intention to use the permit :

Provided further that no permit shall be so used after the date on which it

would have ceased to be effective without renewal in the hands of the deceased

holder.

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(3) The transport authority may, on application made to it within three

months of the death of the holder of a permit, transfer the permit to the person

succeeding to the possession of the vehicles covered by the permit :

Provided that the Transport Authority may entertain an application made after

the expiry of the said period of three months if it is satisfied that the applicant was

prevented by good and sufficient cause from making an application within the time

specified.

Corresponding Law. - Section 82 (1) corresponds to section 59(1) and section

82 (2) corresponds to section 61 of the motor vehicles act, 1939.

Objects and Reasons. - Clause 83 enables the holder of the permit to replace

the vehicles covered by the permit by another vehicle of the same nature with the

permission of the transport authority which granted the permit.

83. Replacement of vehicles

. -

The holder of a permit may, with the

permission of the authority by which the permit was granted, replace any vehicle

covered by the permit by any other vehicle of the same nature.

Corresponding Law.

-

Section 83 corresponds to section 59(2) of the motor

vehicles act, 1939.

Objects and Reasons. - Clause 83 enables the holder of the permit to replace

the vehicles covered by the permit by another vehicle of the same nature with the

permission of the transport authority which granted the permit.

84. General conditions attaching to all permits. - The following shall be

conditions of every permit –

(a) that the vehicle to which the permit relates carries valid certificate of

fitness issued under section 56 and is at all times so maintained as to comply with the

requirements of this Act and the rules made thereunder ;

(b) that the vehicle to which the permit relates is not driven at a speed

exceeding the speed permitted under this Act ;

(c) that any prohibition or restriction imposed any fares or freight fixed

by notification made under section 67 are observed in connection with the vehicle to

which the permit relates ;

115

(d) that the vehicle to which the permit relates is not driven in

contravention of the provisions of section 5 or section 113 ;

(e) that the provisions of this Act limiting the hours of work of drivers

are observed in connection with any vehicle or vehicles to which the permit relates;

(f) that the provisions of Chapter X, XI and XII so far as they apply to

the holder of the permit are observed ; and

(g) that the name and address of the operator shall be painted or

otherwise firmly affixed to every vehicle to which the permit relates on the exterior of

the body of that vehicle on both sides thereof in a colour or colours vividly contrasting

to the colour of the vehicle centered as high as practicable below the window line in

bold letters.

Corresponding Law.- Section 84 corresponds to section 59(3) of the motor

vehicles act, 1939.

Objects and Reasons.

-

Clause 84 prescribes general conditions attaching to

all kinds of permit.

85. General form of permits. - Every permit issued under this Act shall be

complete in itself and shall contain all the necessary particulars of the permit and the

conditions attached thereto.

Corresponding Law.- Section 85 corresponds to section 59-A of the motor

vehicles act, 1939.

Objects and Reasons .- Clause 85 lays down the general form of permit.

86. Cancellation and suspension of permits.- (1) The Transport

Authority which granted a permit may cancel the permit or may suspend it for such

period as it thinks fit –

(a) on the breach of any condition specified in section 84 or of any

condition contained in the permit, or

(b) if the holder of the permit uses or causes or allows a vehicle to be

used in any manner not authorised by the permit, or

(c) if the holder of the permit ceases to own the vehicle covered by the

permit, or

116

(d) if the holder of the permit has obtained the permit by fraud or

misrepresentation, or

(e) if the holder of the goods carriage permit, fails without reasonable

cause, to use the vehicle for the purposes for which the permit was granted, or

(f) if the holder of the permit acquires the citizenship of any foreign

country :

Provided that no permit shall be suspended or cancelled unless an opportunity

has been given to the holder of the permit to furnish his explanation.

(2) The Transport Authority may exercise the powers conferred on it under

sub-section (1) in relation to a permit granted by any authority or person to

whom power in this behalf has been delegated under sub-section (5) of section 68 as if

the said permit was a permit granted by the Transport Authority.

(3) Where a Transport Authority cancels or suspends a permit, it shall give

to the holder in writing its reasons for the action taken.

(4) The powers exercisable under sub-section (1) ( other than the power to

cancel a permit ) by the Transport Authority which granted the permit may be

exercised by any authority or person to whom such powers have been delegated under

sub-section (5) of section 68.

(5) Where a permit is liable to be cancelled or suspended under clause (a) or

clause (b) or clause (e) of sub-section (1) and the Transport Authority is of opinion

that having regard to the circumstances of the case, it would not be necessary or

expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a

certain sum of money, than notwithstanding anything contained in sub-section (1), the

Transport Authority may, instead of cancelling or suspending the permit, as the case

may be, recover from the holder of the permit the sum of money agreed upon.

(6) The powers exercisable by the Transport Authority under sub-section (5)

may, where an appeal has been preferred under section 89, be exercised also by the

appellate authority.

(7) In relation to a permit referred to in sub-section (9) of section 88, the

powers exercisable under sub-section (1) ( other than the power to cancel a permit ) by

the Transport Authority which granted the permit, may be exercised by any Transport

117

Authority and any authority or persons to whom power in this behalf has been

delegated under sub-section (5) of section 68, as if the said permit was a permit

granted by any such authority or persons.

Corresponding Law.

-

Section 86 corresponds to section 60 of the motor

vehicles act, 1939.

Objects and Reasons. - Clause 86 seeks to empower the transport authority

which granted the permit to cancel the permit or suspend it for a specified period for

the breach of the conditions of the permit or for specific offences specified in this

clause. It also confers powers on the transport authority to permit compounding of

offences under this clause by recovering the money agreed upon from the permit

holder in lieu of the suspension or cancellation of the permit.

87. Temporary permits. -

(1) A Regional Transport Authority and the State

Transport Authority may without following the procedure laid down in section 80,

grant permits, to be effective for a limited period which shall, not in any case exceed

four month, to authorise the use of a transport vehicle temporarily –

(a) for the conveyance of passengers on special occasions such as to and

from fairs and religious gatherings, or

(b) for the purposes of a seasonal business, or

(c) to meet a particular temporary need, or

(d) pending decision on an application for the renewal of a permit, and

may attach to any such permit such condition as it may think fit :

Provided that a Regional Transport Authority or, as the case may be, State

Transport Authority may, in the case of goods carriages, under the circumstances of

an exceptional nature, and for reasons to be recorded in writing, grant a permit for a

period exceeding four months, but not exceeding one year.

(2) Notwithstanding anything contained in sub-section (1), a temporary

permit may be granted thereunder in respect of any route or area where –

(i) no permit could be issued under section 72 or section 74 or section

76 or section 79 in respect of that route or area by reason of an order of a Court or

other competent authority restraining the issue of the same, for a period not exceeding

the period for which the issue of the permit has been so restrained ; or

118

(ii) as a result of the suspension by a Court or other competent authority

of the permit of any vehicle in respect of that route or area, there is no transport

vehicle of the same class with a valid permit in respect of that route or area, or there is

no adequate number of such vehicles in respect of that route or area, for a period not

exceeding the period of such suspension :

Provided that the number of transport vehicles in respect of which temporary

permits are so granted shall not exceed the number of vehicles in respect of which the

issue of the permits have been restrained or, as the case may be, the permit has been

suspended.

Corresponding Law. - Section 87 corresponds to section 62 of the motor

vehicles act, 1939.

Objects and Reasons. - Clause 87 confers upon the transport authorities the

power to issue temporary permits to transport vehicles for a limited period for the use

of the vehicle temporarily for certain specified purposes.

88. Validation of permits for use outside region in which granted. -

(1) Except as may be otherwise prescribed, a permit granted by the Regional

Transport Authority of any one region shall not be valid in any other region, unless

the permit has been countersigned by the Regional Transport Authority of that other

region, and a permit granted in any one State shall not be valid in any other State

unless countersigned by the State Transport Authority of that other State or by the

Regional Transport Authority concerned :

Provided that a goods carriage permit, granted by the Regional Transport

Authority of any one region, for any area in any other region or regions within the

same State, shall be valid in that area without the countersignature of the Regional

Transport Authority of the other region or of each of the other regions concerned :

Provided further that where both the starting point and the terminal point of a

route are situate within the same State, but part of such route lies in any other State

and the length of such part does not exceed sixteen kilometres, the permit shall be

valid in the other State in respect of that part of the route which is in that other State

notwithstanding that such permit has not been countersigned by the State Transport

Authority or the Regional Transport Authority of that other State :

119

Provided also that –

(a) where a motor vehicle covered by a permit granted in one State is

to be used for the purposes of defence in any other State, such vehicle shall display a

certificate, in such form, and issued by such Authority, as the Central Government

may, by notification in the Official Gazette, specify, to the effect that the vehicle shall

be used for the period specified therein exclusively for the purposes of defence ; and

(b) any such permit shall be valid in that other State notwithstanding that

such permit has not been countersigned by the State Transport Authority or the

Regional Transport Authority of that other State.

(2) Notwithstanding anything contained in sub-section (1), a permit granted

or countersigned by a State Transport Authority shall be valid in the whole State or in

such regions within the State as may be specified in the permit.

(3) A Regional Transport Authority when countersigning the permit may

attach to the permit any condition which it might have imposed if it had granted the

permit and may likewise vary any condition attached to the permit by the authority by

which the permit was granted.

(4) The provisions of this Chapter relating to the grant, revocation and

suspension of permits shall apply to the grant, revocation and suspension of

countersignatures of permits.

Provided that it shall not be necessary to follow the procedure laid down in

section 80 for the grant of countersignatures of permits, where the permits granted in

any one State are required to be countersigned by the State Transport Authority of

another State or by the Regional Transport Authority concerned as a result of any

agreement arrived at between the States after complying with the requirements of sub-

section (5).

(5) Every proposal to enter into an agreement between the States to fix the

number of permits which is proposed to be granted or countersigned in respect of each

route or area, shall be published by each of the State Governments concerned in the

Official Gazette and in any one or more of the newspapers in regional language

circulating in the area or route proposed to be covered by the agreement together with

a notice of the date before which representations in connection therewith may be

120

submitted, and the date not being less than thirty days from the date of publication in

the Official Gazette, on which, and the authority by which, and the time and

place at which, the proposal and any representation received in connection therewith

will be considered.

(6) Every agreement arrived at between the States shall, insofar as it relates

to the grant of countersignature of permits, be published by each of the State

Governments concerned in the Official Gazette and in any one or more of the

newspaper in the regional language circulating in the area or route covered by the

agreement and the State Transport Authority of the State and the Regional Transport

Authority concerned shall give effect to it.

(7) Notwithstanding anything contained in sub-section (1), a Regional

Transport Authority of one region may issue a temporary permit under section 87 to

be valid in another region or State with the concurrence, given generally or for the

particular occasion, of the Regional Transport Authority of that other region or of the

State Transport Authority of that other State, as the case may be.

(8) Notwithstanding anything contained in sub-section (1), but subject to

any rules that may be made under this Act by the Central Government, the Regional

Transport Authority of any one region or, as the case may be, the State Transport

Authority, may, for the convenience of the public,

54

[grant a special permit to any

54. Substituted for “grant a special permit in relation to a vehicle covered” by Act 54 of 1994,

S. 27 ( w.e.f. 14-11-1994 ).

public service vehicle including any vehicle covered ] by a permit issued under

section 72 ( including a reserve stage carriage ) or under section 74 or under sub-

section (9) of this section for carrying a passenger or passengers for hire or reward

under a contract, express or implied, for the use of the vehicle as a whole without

stopping to pick up or set down along the line of route passengers not included in the

contract, and in every case where such special permit is granted, the Regional

Transport Authority shall assign to the vehicle, for display thereon, a special

distinguishing mark in the form and manner specified by the Central Government and

such special permit shall be valid in any other region or State without the

121

countersignature of the Regional Transport Authority of the other region or of the

State Transport Authority of the other State, as the case may be.

(9) Notwithstanding anything contained in sub-section (10 but subject to

any rules that may be made by the Central Government under sub-section (14), any

State Transport Authority may, for the purpose of promoting tourism, grant permits in

respect of tourist vehicles valid for the whole of India, or in such contiguous States not

being less than three in number including the State in which the permit is issued as

may be specified in such permit in accordance with the choice indicated in the

application and the provisions of sections 73, 74, 80, 81, 82, 83, 84, 85, 86,

55

[clause

(d) of sub-section (1) of section 87 and section 89 ] shall, as far as may be, apply in

relation to such permits.

56

[***]

(11) The following shall be conditions of every permit granted under sub-

section (9), namely :-

(i) every motor vehicle in respect of which such permit is granted

shall conform to such description, requirement regarding the seating capacity,

standards of comforts, amenities and other matters, as the Central Government may

specify in this behalf ;

(ii) every such motor vehicle shall be driven by person having such

qualifications and satisfying such conditions as may be specified by the Central

Government ; and

55. Substituted, ibid, for “and 89” ( w.e.f. 14-11-1994 ).

(iii) such other conditions as may be prescribed by the Central

Government.

(12) Notwithstanding anything contained in sub-section (1), but, subject to

the rules that may be made by the Central Government under sub - section ( 14), the

appropriate authority may, for the purpose of encouraging long distance inter-State

road transport, grant in a State, national permits in respect of goods carriages and the

provisions of section 69, 77, 79, 80, 81, 82, 83, 84, 85, 86,

57

[clause (d) of sub-section

(1) of section 87 and section 89] shall, as far as may be apply to or in relation to the

grant of national permits.

122

58

[****]

(14) (a) The Central Government may make rules for carrying out the

provisions of this section.

(b) In particular, and without prejudice to the generality of the foregoing power, such

rules may provide for all or any of the following matters, namely :-

56. Sub-S. (100 omitted, ibid ( w.e.f. 14-11-1994 ). Prior to its omission, sub-S. (10) read as

under :-

“(10) Without prejudice to the provisions of section 74, the State Transport Authority shall, in

considering an application for a permit under sub-section (9) in respect of tourist vehicles other than

motorcabs have regard to the following matters, namely :-

(a) no such permit shall be issued –

(i) to an individual owner so as to exceed ten such valid permits in his own name,

(ii) to a company so as to exceed twenty such valid permits in its own name ;

(b) the restriction under clause (a) regarding the number of permits to be granted shall not

apply to the India Tourism Development Corporation, State Tourism Development Corporations,

State Tourism Departments or State Transport undertakings ;

(c) in computing the number of permits for the purposes of clause (a), the number of

permits held by an applicant in the name of any other person and the permits held by any company of

which such applicant is a director shall also be taken into account.

Explanation .- For the purposes of this sub-section and sub-section (13), “company” means a

body corporate, and includes a firm or other association of individuals, and “director”, in relation to a

firm, means a partner in the firm”.

57. Substituted for “and 89” by Act 54 of 1994, S. 27 ( w.e.f. 14-11-1994 ).

(i) the authorisation fee payable for the issue of a permit referred

to in sub-section (9) and (12) ;

(ii) the fixation of the laden weight of the motor vehicle ;

(i) the distinguishing particulars or marks to be carried or

exhibited in or on the motor vehicle ;

(ii) the colour or colours in which the motor vehicle is to be

painted ;

(iii) such other matters as the appropriate authority shall consider in

granting a national permit.

123

Explanation. - In this section, -

(a) “appropriate authority” , in relation to a national permit, means the

authority which is authorised under this Act to grant a goods carriage permit ;

(b) “authorisation fee” means the annual fee, not exceeding one thousand

rupees, which may be charged by the appropriate authority of a State of enable a

motor vehicle, covered by the permit referred to in sub-section (9) and (12) to be

used in other States subject to the payment of taxes or fees, if any, levied by the States

concerned ;

(c) “national permit” means a permit granted by the appropriate authority to

goods carriages to operate throughout the territory of India or in such contiguous

States not being less than four in number, including the State in which the permit is

58. Sub-S. (13) omitted, ibid ( w.e.f. 14-11-1994 ). Prior to its omission, sub-S. (13) read as

under :-

“(13) The appropriate authority shall, in considering an application for a national permit, have

regard to the following matters, namely :-

(a) no national permit shall be issued –

(i) to an individual owner so as to exceed five national permits in its own name ;

(ii) to a company so as to exceed ten valid national permits in its own name ;

(b) the restriction under clause (a) regarding the number of permits to be issued shall not

apply to the State transport undertakings ;

(c) in computing the number of permits for the purposes of clause (a), the number of

permits held by an applicant in the name of any other person and the permits held by any company of

which such applicant is a director shall also be taken into account.”

issued as may be specified in such permit in accordance with the choice indicated in

the application.

Corresponding Law.

-

Section 88 corresponds to section 63 of the motor

vehicles act, 1939.

Objects and Reasons. - Clause 88 lays down the procedure for validation for

use outside the region in which the permit is granted, for entering into an agreement

between the States regarding the number of permits to be granted or counter-signed in

each State on inter-State routes, for the issue of temporary permits to be valid in

another State without the process of counter-signature in the other State, it also

provides that national permit for goods carriages issued in one state and permits for

124

tourist vehicle issued in one state shall without counter signature in other state be

valid throughout India, without a limit in the number of vehicles for which such

permits may be granted but with certain limit on the holding of such permits by both

individuals and companies.

89. Appeals. – (1) Any person –

(a) aggrieved by the refusal of the State or a Regional Transport

Authority to grant a permit, or by any condition attached to a permit granted to him, or

(b) aggrieved by the revocation or suspension of the permit or by any

variation of the conditions thereof, or

(c) aggrieved by the refusal to transfer the permit under section 82,

or

(d) aggrieved by the refusal of the State or a Regional Transport

Authority to countersign a permit, or by any condition attached to such

countersignature, or

(e) aggrieved by the refusal of renewal of a permit, or

(f) aggrieved by the refusal to grant permission under section 83, or

(g) aggrieved by any other order which may be prescribed, may,

within the prescribed time and in the prescribed manner, appeal to the State transport

Appellate Tribunal constituted under sub-section (2), who shall, after giving such

person and the original authority an opportunity of being heard, give a decision

thereon which shall be final.

59

[(2) The State Government shall constitute such number of Transport

Appellate Tribunals as it thinks fit and each such Tribunal shall consist of a judicial

officer who is not below the rank of a District Judge or who is qualified to be a judge

of the High Court and it shall exercise jurisdiction within such area as may be notified

by that Government.]

(3) Notwithstanding anything contained in sub-section (1) or sub-section

(2), every appeal pending at the commencement of this Act, shall continue to be

proceeded with and disposed of as if this Act had not been passed.

Explanation .- For the removal of doubts, it is hereby declared that when any

order is made by the State Transport Authority or the Regional Transport Authority in

125

pursuance of a direction issued by the Inter-State Transport commission under clause

(c) of sub-section (2) of section 63-A of the Motor Vehicles Act, 1939, as it stood

immediately before the commencement of this Act, and any person feels aggrieved by

such order on the ground that it is not in consonance with such direction, he may

appeal under sub - section (1) to the State Transport Appellate Tribunal against such

Corresponding Law. - Section 89 corresponds to section 64 of the motor

vehicles act, 1939.

Objects and Reasons. - Clause 89 contains provisions for constitution by the

State Governments, State Transport Appellate Tribunals for hearing of appeals filed

by aggrieved persons, against the orders passed by the Transport authorities and lays

down the nature of orders that can be taken on appeal.

90. Revision. -

The State Transport Appellate Tribunal may, on an

application made to it, call for the record of any case in which an order has been made

by a State Transport Authority or Regional Transport Authority against which no

order by not against the direction so issued.

59. Sub-S. (2) substituted by Act 54 of 1994, S. 28 ( w.e.f. 14-11-1994 ). Prior to its substitution,

sub-S. (2) read as under :-

“(2) The State Government shall constitute for the State, a State Transport Appellate Tribunal

which shall consist of a judicial officer who is not below the rank of a District Judge, or who is

qualified to be a judge of a High Court :

Provided that in relation to a Union territory, the Tribunal may consist of the Administrator of

that territory or any officer who has judicial experience”.

appeal lies, and if it appears to the State Transport Appellate Tribunal that the order

made by the State Transport Authority or Regional Transport Authority is improper or

illegal, the State Transport Appellate Tribunal may pass such order in relation to the

case as it deems fit and every such order shall be final :

Provided that the State Transport Appellate Tribunal shall not entertain any

application from a person aggrieved by an order of a State Transport Authority or

Regional Transport Authority, unless the application is made within thirty days from

the date of the order :

Provided further that the State Transport Appellate Tribunal may entertain the

application after the expiry of the said period of thirty days, if it is satisfied that the

126

applicant was prevented by good and sufficient cause from making the application in

time :

Provided also that the State Transport Appellate Tribunal shall not pass an

order under this section prejudicial to any person without giving him a reasonable

opportunity of being heard.

Corresponding Law. - Section 90 corresponds to section 64 – A of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 90 provides for filling of revision petition before

State Transport Appellate Tribunal by the aggrieved persons on matters where no

appeal is provided in clause 89.

91. Restriction hours of work of drivers. -

60

[(1) The hours of work of any

person engaged for operating a transport vehicle shall be such as provided in the

Motor Transport Workers Act, 1961 ( 27 of 1961 )].

(2) A State Government may, by notification in the Official Gazette, grant

such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of

60. Sub-S. (1) substituted by Act 54 of 1994, S. 29 ( w.e.f. 14-11-1994 ). Prior to its substitution,

sub-S. (1) read as under .-

“(1) No person shall cause or allow any person who is employed by him for the purpose of

driving a transport vehicle or who is subject to his control for such purpose to work –

(a) for more than five hours before he has had an interval of rest of at least half an hour ; or

(b) for more than eight hours in one day ; or

(c) for more than forty-eight hours in any week.”

emergency of delays by reason of circumstances which could not be foreseen.

(3) A State Government or, if authorised in this behalf by the State

Government by rules made under section 96, the State or a Regional Transport

Authority may require persons employing any person whose work is subject to any of

the provision of sub-section (1) to fix beforehand the hours of work of such persons so

as to conform to those provisions, and may provide for the recording of the hours so

fixed.

(4) No person shall work or shall cause or allow any other person to work

outside the hours fixed or recorded for the work of such persons under sub-section (3),

127

(5) A State Government may prescribe the circumstances under which and

the period during which the driver of a vehicle although not engaged in work is

required to remain on or near the vehicle may be deemed to be an interval for rest

within the meaning of sub-section (1).

Corresponding Law.

-

Section 91 corresponds to section 65 of the motor

vehicles Act, 1939.

Object and Reasons . - Clause 91 prohibits the driving of motor vehicles by a

person for more than certain hours in a day and the hours of rest the driver should take

after certain hours of continuous driving.

92. Voidance of contracts restrictive of liability. - Any contract for the

conveyance of a passenger in a stage carriage or contract carriage, in respect of which

a permit has been issued under this Chapter, shall, so far as it purports to negative or

restrict the liability of any person in respect of any claim made against that person in

respect of the death of, or bodily injury to, the passenger while being carried in,

entering or alighting from the vehicle, or purports to impose any conditions with

respect to the enforcement of any such liability, be void.

Corresponding Law. - Section 92 corresponds to section 66 of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 92 lays down any contract purporting to negative

or restrict the liability in respect of claim against third party risk, shall be void.

93. Agent or canvasser to obtain licence. - (1) No person shall engage

himself –

(i) as an agent or a canvasser, in the sale of tickets for travel by public

service vehicle or in otherwise soliciting customers for such vehicles, or

(ii) as an agent in the business of collecting, forwarding or distributing

goods carried by goods carriages,

unless he has obtained a licence from such authority and subject to such

conditions as may be prescribed by the State Government.

(2) The conditions referred to in sub-section (1), may include all or any of

the following matters, namely :-

(a) the period for which a licence may be granted or renewed ;

128

(b) the fee payable for the issue or renewal of the licence ;

(c) the deposit of security –

(i) of a sum not exceeding rupees fifty thousand in the case of an

agent in the business of collecting, forwarding or distributing goods carried by goods

carriages ;

(ii) of a sum not exceeding rupees five thousand in the case of any

other agent or canvasser,

and the circumstances under which the security may be forfeited ;

(d) the provision by the agent of insurance of goods in transit ;

(e) the authority by which and the circumstances under which the licence

may be suspended or revoked ;

(f) such other conditions as may be prescribed by the State Government.

(3) It shall be a condition of every licence that no agent or canvasser to

whom the licence is granted shall advertise in any newspaper, book, list, classified

directory or other publication unless there is contained in such advertisement

appearing in such newspaper, book, list, classified directory or other publication the

licence number, the date of expiry of licence and the particulars of the authority which

granted the licence.

Corresponding Law. - Section 93 corresponds to section 66 – A of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 93 provides for licensing of goods booking

agents and travel agents, security deposit and fees for the application, authorities who

may issue such licences, suspension and cancellation of such licences and provision

for appeal. It also provides that any advertisement by the agents or canvassers should

contain the licence number and the authority who issued the licence.

94. Bar on jurisdiction of Civil Courts. - No Civil Court shall have

jurisdiction to entertain any question relating to the grant of a permit under this Act,

and no injunction in respect of any action taken or to be taken by the duly constituted

authorities under this Act with regard to the grant of a permit, shall be entertained by

any Civil Court.

Corresponding Law. - This is a new provision in the 1988 Act.

129

Object and Reasons. - Clause 94 bars the jurisdiction of Civil Court in matter

relating to grant of permit under this Act.

95. Power of State Government to make rules as to stage carriages

and contract carriages

- (1) A State Government may make rules to regulate, in

respect of stage carriages and contract carriages and the conduct of passengers in such

vehicles.

(2) Without prejudice to the generality of the foregoing provision, such

rules may –

(a) authorise the removal from such vehicle of any person contravening the

rules by the driver or conductor of the vehicle, or, on the request of the driver or

conductor, or any passenger, by any police officer ;

(b) require a passenger who is reasonably suspected by the driver or

conductor of contravening the rules to give his name and address to a police officer or

to the driver or conductor on demand.

(c) Require a passenger to declare, if so demanded by the driver or

conductor, the journey he intends to take or has taken in the vehicle and to pay the fare

for the whole of such journey and to accept any ticket issued therefor ;

(d) Require, on demand being made for the purpose by the driver or

conductor or other person authorised by the owners of the vehicle, production during

the journey and surrender at the end of the journey by the holder thereof of any ticket

issued to him ;

(e) Require a passenger, if so requested by the driver or conductor, to leave

the vehicle on the completion of the journey the fare for which he has paid ;

(f) Require the surrender by the holder thereof on the expiry of the period

for which it is issued of a ticket issued to him ;

(g) Require a passenger to abstain from doing anything which is likely to

obstruct or interfere with the working of the vehicle or to cause damage to any part of

the vehicle or its equipment or to cause injury or discomfort to any other passenger ;

(h) Require a passenger not to smoke in any vehicle on which a notice

prohibiting smoking is exhibited.

130

(i) Require the maintenance of complaint books in stage carriages and

prescribe the conditions under which passengers can record any complaints in the

same.

Corresponding Law.

-

Section 95 corresponds to section 67 of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 95 empowers the State Government to make

rules to regulate, in respect of stage carriage and contract carriages.

96. Power of State Government to make rules for the purposes of this

Chapter .

- (1) A State Government may make rules for the purpose of carrying into

effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, rules under

this section may be made with respect to all or any of the following matters, namely :-

(i) the period of appointment and the terms of appointment of and

the conduct of business by Regional and State Transport Authorities and the reports to

be furnished by them ;

(ii) the conduct of business by any such authority in the absence of

any member ( including the Chairman ) thereof and the nature of business which, the

circumstances under which and the manner in which, business could so conducted ;

(iii) the conduct and hearing of appeals that may be preferred under

this Chapter, the fees to be paid in respect of such appeals and the refund of such fee ;

(iv) the forms to be used for the purpose of this Chapter, including the

forms of permits ;

(v) the issue of copies of permits in place of permits lost, destroyed

or mutilated ;

(vi) the documents, plates and marks to be carried by transport

vehicles, the manner in which they are to be carried and the languages in which any

such documents are to be expressed ;

(vii) the fees to be paid in respect of applications for permits, duplicate

permits and plates ;

131

(viii) the exemption of prescribed persons or prescribed classes of

persons from payment of all or any or any portion of the fees payable under this

Chapter.

(ix) The custody, production and cancellation on revocation or

expiration of permits, and the return of permits which have been cancelled ;

(x) The conditions subject to which, and the extent to which, a permit

granted in another State shall be valid in the State without countersignature ;

(xi) The conditions subject to which, and the extent to which, a permit

granted in one region shall be valid in another region within the State without

countersignature ;

(xii) The conditions to be attached to permits for the purpose of giving

effect to any agreement such as is referred to in clause (iii) of sub-section (1) of

section 67.

(xiii) The authorities to whom, the time within which and the manner

in which appeals may be made ;

(xiv) the construction and fittings of, and the equipment to be carried

by, stage and contract carriages, whether generally or in specified areas ;

(xv) the determination of the number of passengers a stage or contract

carriage is adapted to carry and the number which may be carried ;

(xvi) the conditions subjects to which goods may be carried on stage

and contract carriages partly or wholly in lieu of passengers ;

(xvii) the safe custody and disposal of property left in a stage or

contract carriage ;

(xviii) regulating the painting or marking of transport vehicles and the

display of advertising matter thereon, and in particular prohibiting the painting or

marking of transport vehicles in such colour or manner as to induce any person to

believe that the vehicle is used for the transport of mails ;

(xix) the conveyance in stage or contract carriages of corpses or

persons suffering from any infectious or contagious disease or goods likely to cause

discomfort or injury to passengers and the inspection and disinfection of such

carriages, if used for such purpose ;

132

(xx) the provision of taxi meters on motorcabs requiring approval or

standard types of taxi meters to be used and examining testing and sealing taxi

meters ;

(xxi) prohibiting the picking up or setting down of passengers by stage

or contract carriages at specified places or in specified areas or at places other than

duly notified stands or halting places and requiring the driver of a stage carriage to

stop and remain stationary for a reasonable time when so required by a passenger

desiring to board or alight from the vehicle at a notified halting place ;

(xxii) the requirements which shall be complied with in the construction

or use of any duly notified stand or halting place, including the provision of adequate

equipment and facilities for the convenience of all users thereof ; the fees, if any,

which may be charged for the use of such facilities, the records which shall be

maintained at such stands or places, the staff to be employed thereat, and the duties

and conduct of such staff, and generally for maintaining such stands and places in a

serviceable and clean condition ;

(xxiii) the regulation of motorcab ranks ;

(xxiv) requiring the owners of transport vehicles to notify any change of

address or to report the failure of or damage to any vehicle used for the conveyance of

passengers for hire or reward ;

(xxv) authorising specified persons to enter at all reasonable times and

inspect all premises used by permit holders for the purposes of their business ;

(xxvi) requiring the person in charge of a stage carriage to carry any

person tendering the legal or customary fare ;

(xxvii) the conditions under which and the types of containers or

vehicles in which animals or birds may be carried and the seasons during which

animals or birds may or may not be carried ;

(xxviii) the licensing of and the regulation of the conduct of agents or

canvassers who engage in the sale of tickets for travel by public service vehicles or

otherwise solicit customers for such vehicles ;

(xxix) the licensing of agents engaged in the business of collecting for

forwarding and distributing goods carried by goods carriages ;

133

(xxx) the inspection of transport vehicles and their contents and of the

permits relating to them ;

(xxxi) the carriage of persons other than the driver in goods carriages;

(xxxii) the records to be maintained and the returns to be furnished by

the owners of transport vehicles ; and

(xxxiii) any other matter which is to be or may be prescribed.

Corresponding Law ;- Section 96 corresponds to section 68 of the motor

vehicles Act, 1939.

Object and Reasons ;- Clause 96 provides that the State Government may

make rules for the purpose of carrying into effect the provisions of this Chapter.

CHAPTER – VI

Special Provisions Relating To State Transport Undertakings

97. Definition. - In this Chapter, unless the context otherwise requires, “road

transport service” means a service of motor vehicles carrying passengers or goods or

both by road for hire or reward.

Corresponding Law. - Section 97 corresponds to section 68 – A (a) of the

motor vehicles Act, 1939.

Objects and Reasons.

-

Clause 97 seeks to define certain expression used in

this Chapter.

*98. Chapter to override Chapter V and other laws.- The provisions

of this Chapter and the rules and orders made thereunder shall have effect

notwithstanding anything inconsistent therewith contained in Chapter V or in any

other law for the time being in force or in any instrument having effect by virtue of

any such law.

Corresponding Law. - Section 98 corresponds to section 68 – B of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 98 lays down that the provisions of this Chapter

override the provisions of Chapter V and other laws.

134

99. Preparation and publication of proposal regarding road transport

service of a State transport undertaking.

-

61

[(1) Where any State

Government is of opinion that for the purpose of providing an efficient, adequate,

economical and properly co-ordinated road transport service, it is necessary in the

public interest that road transport services in general or any particular class of such

service in relation to any area or route or portion thereof should be run and operated

by the State transport undertaking, whether to the exclusion, complete or partial, of

other persons or otherwise, the State Government may formulate a proposal regarding

a scheme giving particulars of the nature of the services proposed to be rendered, the

area or route proposed to be covered and other relevant particulars respecting thereto

and shall publish such proposal in the Official Gazette of the State formulating such

proposal and in not less than one newspaper in the regional language circulating in the

area or route proposed to be covered by such scheme and also in such other manner as

the State Government formulating such proposal deem fit.

62

[(2) Notwithstanding anything contained in sub-section (1), when a proposal

is published under that sub-section , then from the date of publication of such

proposal, no permit shall be granted to any person, except a temporary permit during

*S. 5 of the T.N. Motor Vehicles ( Special Provisions ) Act, 1992 provides that the provisions of

Ss. 3, 4 and 6 of the 1992 Act shall have effect notwithstanding anything inconsistent therewith

contained in Chaps. V and VI including S. 98 of the Motor Vehicles Act, 1998.

61. S. 99 re-numbered as sub-S. (1) thereof by Act 54 of 1994, S. 30 ( w.e.f. 14-11-1994 ).

62. Inserted by Act 54 of 1994, S. 30 ( w.e.f. 14-11-1994 ).

the tendency of the proposal and such temporary permit shall be valid only for a

period on one year from the date of its issue or till the date of final publication of the

scheme under section 100, whichever is earlier. ]

Corresponding Law. - Section 99 corresponds to section 68 – C of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 99 deals with the preparation of the proposal by

the State Government to nationalise road transport services to be operated by State

Transport Undertakings and publication of such proposals in the official gazettes and

newspapers in regional languages inviting objections.

135

100. Objection to the proposal. - (1) On the publication of any proposal

regarding a scheme in the Official Gazette and in not less than one newspaper in

the regional language circulating in the area or route which is to be covered by such

proposal any person may, within thirty days from the date of its publication in the

Official Gazette, file objections to it before the State Government.

(2) The State Government may, after considering the objections and after

giving an opportunity to the objector or his representatives and the representatives of

the State transport undertaking to be heard in the matter, if they so desire, approve or

modify such proposal.

(3) The scheme relating to the proposal as approved or modified under sub-

section (2) shall then be published in the Official Gazette by the State Government

making such scheme and in not less than one newspaper in the regional language

circulating in the area or route covered by such scheme and the same shall thereupon

become final on the date of its publication in the Official Gazette and shall be called

the approved scheme and the area or route to which it relates shall be called the

notified area or notified route ;

Provided that no such scheme which relates to any inter-State route shall be

deemed to be an approved scheme unless it has the previous approval of the Central

Government.

(4) Notwithstanding anything contained in this section, where a scheme is

not published as an approved scheme under sub-section (3) in the Official Gazette

within a period of one year from the date of publication of the proposal regarding the

scheme in the Official Gazette under sub-section (1), the proposal shall be deemed to

have lapsed.

Explanation.

-

In computing the period of one year referred to in this sub-

section, any period or periods during which the publication of the approved scheme

under sub-section (3) was held up on account of any stay or injunction by the order of

any Court shall be excluded.

Corresponding Law. - Section 100 corresponds to section 68 – D of the motor

vehicles Act, 1939.

136

Object and Reasons. - Clause 100 lays down that the State Government may

approve or modify the proposal after hearing the objections and publish the

approved scheme in the official gazette and newspapers within one year from the date

of first publication failling which the proposal to nationalise is deemed to have lapsed.

101. Operation of additional services by a State transport

undertaking in certain circumstances

. -

Notwithstanding anything contained in

section 87, a State transport undertaking may, in the public interest operate additional

services for the conveyance of the passengers on special occasions such as to and from

fairs and religious gatherings.

Provided that the State transport undertaking shall inform about the operation

of such additional services to the concerned Transport Authority without delay.

Corresponding Law. - This is a new provision in the 1988 Act.

Object and Reasons. - Clause 101 seeks to empower the State Transport

Undertakings to operate additional services for the conveyance of passengers during

fairs and religious gathering and intimate the transport authorities.

102. Cancellation or modification of scheme.- (1) The State Government

may, at any time, if it considers necessary, in the public interest so to do, modify any

approved scheme after giving –

(j) the State transport undertaking ; and

(ii) any other person who, in the opinion of the State Government , is

likely to be affected by the proposed modification,

an opportunity of being heard in respect of the proposed modification.

(2) The State Government shall publish any modification proposed under

sub-section (1) in the Official Gazette and in one of the newspapers in the regional

languages circulating in the area in which it is proposed to be covered by such

modification, together with the date, not being less than thirty days from such

publication in the Official Gazette, and the time and place at which any representation

received in this behalf will be heard by the State Government.

Corresponding Law. - Section 102 corresponds to section 68 – E of the motor

vehicles Act, 1939.

137

Object and Reasons. - Clause 102 provides for modifications and cancellation

of the approved scheme by the State Government and the procedure to be

followed.

103.

Issue of permits to State transport undertakings.

-

(1) Where, in

pursuance of an approved scheme, any State Transport undertaking applies in such

manner as may be prescribed by the State Government in this behalf for a stage

carriage permit or a goods carriage permit or a contract carriage permit in respect of

a notified area or notified route, the State Transport Authority in any case where the

said area or route lies in more than one region and the Regional Transport Authority in

any other case shall issue such permit to the State Transport undertaking,

notwithstanding anything to the contrary contained in Chapter V.

(2) For the purpose of giving effect to the approved scheme in respect of a

notified area or notified route, the State Transport Authority or, as the case may be,

the Regional Transport Authority concerned may, by order,-

(a) refuse to entertain any application for the grant or renewal of any other

permit or reject any such application as may be pending ;

(b) cancel any existing permit ;

(c) modify the terms of any existing permit so as to –

(i) render the permit ineffective beyond a specified date ;

(ii) reduce the number of vehicles authorised to be used under the

permit;

(iii) curtail the are or route covered by the permit in so far as such

permit relates to the notified area or notified route.

(3) For the removal of doubts, it is hereby declared that no appeal shall lie

against any action taken, or order passed, by the State Transport Authority or any

Regional Transport Authority under sub-section (1) or sub-section (2).

Corresponding Law. - Section 103 corresponds to section 68 – F of the motor

vehicles Act, 1939.

Objects and Reasons .- Clause 103 lays down the procedure in the matter of

giving effect to the approved scheme and grant of permit to the State Transport

Undertaking in pursuance of the approved scheme.

138

104. Restriction on grant of permits in respect of a notified area or

notified route

. - Where a scheme has been published under sub-section (3) of

section 100 in respect of any notified area or notified route, the State Transport

Authority or the Regional Transport Authority, as the case may be, shall not grant any

permit except in accordance with the provisions of the scheme ;

Provided that where no application for a permit has been made by the State

Transport undertaking in respect of any notified area or notified route in pursuance of

an approved scheme, the State Transport Authority or the Regional Transport

Authority, as the case may be, may grant temporary permits to any person in respect

of such notified area or notified route subject to the condition that such permit shall

cease to be effective on the issue of a permit to the State Transport undertaking in

respect of that area or route.

Corresponding Law. - Section 104 corresponds to section 68 – FF of the motor

vehicles Act, 1939.

Object and Reasons. - Clause 104 provides that the Transport authorities shall

not grant any permit to private sector on notified routes or notified areas except in

accordance with the provisions of the scheme. It also provides that where STU has not

come forward to operate services on such routes or areas private sector may be given

temporary permit untill such time STU comes forward to operate services.

105. Principles and method of determining compensation and

payment thereof

. -

(1) Where, in exercise of the powers conferred by clause (b) or

clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the

terms there of are modified, there shall be paid by the state transport under taking to

the holder of the permit, compensation, the amount of which shall be determined in

accordance with the provisions of sub-section(4) or sub-section(5), as the case may be.

(2) Notwithstanding anything contained in sub-section (1), no compensation

shall be payable on account of the cancellation of any existing permit or any

modification of the terms thereof, when a permit for an alternative route or area in lieu

thereof has been offered by the State Transport Authority or the Regional Transport

Authority, as the case may be and accepted by the holder of the permit.

139

(3) For the removal of doubts, it is hereby declared that no compensation

shall be payable on account of the refusal to renew a permit under clause (a) of

sub-section (2) of section 103.

(4) Where, in exercise of the powers conferred by clause (b) or sub-clause

(i) or sub-clause (ii) of clause (c) of sub-section (2) of section 103, any existing permit

is cancelled or the terms thereof are modified so as to prevent the holder of the permit

from using any vehicle authorised to be used thereunder for the full period from which

the permit, would otherwise have been effective, the compensation payable to the

holder of the permit for each vehicle affected by such cancellation or modification

shall be computed as follows :-

(a) for every complete month or part of a month Two hundred

exceeding fifteen days of the unexpired period rupees ;

of the permit

(b) for part of a month not exceeding fifteen days One hundred

of the unexpired period of the permit. rupees.

Provided that the amount of compensation shall, in no case, be less than four

hundred rupees.

(5) Where, in exercise of the powers conferred by sub-clause (iii) of clause

(c) of sub-section (2) of section 103, the terms of an existing permit re modified so as

to curtail the area or route of any vehicle authorised to be used thereunder, the

compensation payable to the holder of the permit on account of such curtailment shall

be an amount computed in accordance with the following formula, namely :-

Y x A

R

Explanation. - In this formula –

(i) “Y” means the length or area by which the route or area covered by

the permit is curtailed ;

(ii) “A” means the amount computed in accordance with subsection

(4);

(iii) “R” means the total length of the route or the total area

covered by the permit.

140

(6) The amount of compensation payable under this section shall be

paid by the State Transport undertaking to the person or persons entitled

thereto within one month from the date on which the cancellation or

modification of the permit becomes effective :

Provided that where the State transport undertaking fails to make the

payment within the s aid period of one month, it shall pay interest at the rate

of seven percent. Per annum from the date on which it fails due.

Corresponding Law. – Sub-section (1) to (5) of section 105 correspond to

section 68-G, whereas sub-section (6) of section 105 corresponds of section 68-

H of the Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 105 sets out the principles and methods

for determining compensation and payment thereof where a private operator is

affected in pursuance of the giving effect to an approved scheme.

106, Disposal of article found in vehicles. – Where any article found

in any transport vehicle operated by the State transport undertaking is not

claimed by its owner within the prescribed period, the State transport

undertaking may sell the article in the prescribed manner and the sale proceeds

thereof, after deducting the costs incidental to sale, shall be paid to the owner

on demand.

Corresponding Law. – Section 106 corresponds to section 68-HH of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 106 speaks of the procedure in the

disposal of articles found unclaimed in the vehicle owned by State Transport

Undertaking.

107. Power of State Government to make rules.

–

(1) The State

Government may make rules for the purpose of carrying into effect the

provisions of this Chapter.

(2) In particular and without prejudice to the generality of the

foregoing power, such rules may provide for all or any of the following

matters, namely :-

141

(a) the form in which any proposal regarding a scheme may be

published under section 99;

(b) the manner in which objections may be filed under sub-

section (1) of section 100;

(c) the manner in which objections may be considered and

disposed of under sub-section (2) of section 100;

(d) the form in which any approved scheme may be published

under sub-section (3) of section 100;

(e) the manner in which application under sub-section (1) of

section 103 may be made ;

(f) the period within which the owner may claim any article

found left in any transport vehicle under section 106 and the manner of sale

of such article.

(g) The manner of service of orders under this Chapter ;

(h) Any other matter which has to be, or may be, prescribed.

Corresponding Law. – Section 107 corresponds to section 68 – 1 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 107 enables the State Government to

make rules for the purpose of carrying into effect the provisions of this

Chapter.

108. Certain powers of State Government exercisable by the

Central Government.

– The powers conferred on the State Government under

this Chapter shall, in relation to a corporation or company owned or controlled

by the Central Government or by the Central Government and one or more

State Governments, be exercisable only by the Central Government in relation

to an inter-State route or area.

Corresponding Law. – Section 108 corresponds to section 68 – J of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 108 makes provisions for the Central

Government to exercise certain powers of the State Government in relation to

an inter – State route or area, relating to certain cases.

142

CHAPTER VII

CONSTRUCTION, EQUIPMENT AND MAINTENANCE

OF MOTOR VEHICLES

109- General provision regarding construction and maintenance of

vehicles.

– (1) Every motor vehicle shall be so constructed and so maintained

as to be at all times under the effective control of the person driving the

vehicle.

(2) Every motor vehicle shall be so constructed as to have right hand

steering control unless it is equipped with a mechanical or electrical signalling

device of a prescribed nature.

63

[(3) If the Central Government is of the opinion that it is necessary or

expedient so to do, in public interest, it may, by order published in the

Official Gazette, notify that any article or process used by a manufacturer shall

conform to such standard as may be specified in that order.]

Corresponding Law.

– Sub-sections (1) and (2) of section 109 correspond

to sections 69 and 69-A of the Motor Vehicles Act, 1939, respectively.

However, sub-section (3) of section 109, is a new provision.

Objects and Reasons. – Clause 109 sets out general provisions regarding

constructions and maintenance of motor vehicles.

110. Power of Central Government to make rules. – (1) The

Central Government may make rules regulating the construction, equipment and

maintenance of motor vehicles and trailers with respect to all or any of the

63. Inserted by Act 54 of 1994, S. 31 (w.e.f. 14-11-1994).

following matters, namely :-

(a) the width, height, length and overhand of vehicles and of the

loads carried;

64

[(b) the Size, nature, maximum retail price and condition of tyres,

including embossing thereon of date and year of manufacture, and the

maximum load carrying capacity; ]

(c) brakes and steering gear;

143

(d) the use of safety glasses including prohibition of the use of tinted

safety glasses;

(e) signalling appliances, lamps and reflectors;

(f) speed governors;

(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;

(h) the reduction of noise emitted by or caused by vehicles;

(i) the embossment of chassis number and engine number and the

date of manufacture;

(j) safety belts, handle bars or motor cycles, auto-dippers and other

equipment’s essential for safety of drivers, passengers and other road users.

(k) Standards of the components used in the vehicle as inbuilt safety

devices;

(l) Provision for transportation of goods of dangerous or hazardous

nature to human life;

(m) Standards for emission of air pollution’s;

65

[(n) installation of catalytic convertors in the class of vehicles to be

prescribed;

(o) the placement of audio-visual or radio or tape recorder type of

devices in public vehicles;

(p) warranty after sale of vehicle and norms therefore:]

64. Cl. (b) substituted by Act 54 of 1994, S.32 (w.e.f. 14-11-1994). Prior to its omission

Cl. (b) read as under :-

“(b) the size, nature and condition of tyres;”

65. Inserted, ibid (w.e.f. 14-11-1994).

Provided that any rules relating to the matters dealing with the protection of

environment, so far as may be, shall be made after consultation with the

Ministry of the Government of India dealing with environment.

(2) Rules may be made under sub-section (1) governing the matters

mentioned therein, including the manner of ensuring the compliance with such

matters and the maintenance of motor vehicles in respect of such matters, either

144

generally in respect of motor vehicles or trailers or in respect of motor

vehicles or trailers of a particular class or in particular circumstances.

(3) Notwithstanding anything contained in this section, -

(a) the Central Government may exempt any class of motor

vehicles from the provisions of this Chapter;

(b) a State Government may exempt any motor vehicle or any

class or description of motor vehicles from the rules made under sub-section

(1) subject to such conditions as may be prescribed by the Central

Government.

Corresponding Law. – Section 110 corresponds to section 69- B of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 110 empowers the Central Government to

make rules regarding equipment and in built safety measures to be provided in

motor vehicle at the manufacturing point such as safety belt, standards of

component, controlling air and noise pollution, etc. and also regarding

exemption to be granted in certain cases.

109. Power of State Government to make rules. – (1) A State

Government may make rules regulating the construction, equipment and

maintenance of motor vehicles and trailers with respect to all matters other than

the matters specified in sub-section (1) of section 110.

(2) Without prejudice to the generality of the foregoing power, rules

may be made under this section governing all or any of the following matters

either generally in respect of motor vehicles or trailers or in respect of motor

vehicles or trailers of a particular class or description or in particular

circumstances, namely : -

(a) seating arrangements in public service vehicles and the protection

of passengers against the weather :

(b) prohibiting or restricting the use of audible signals at certain times

or in certain places :

(c) prohibiting the carrying of appliances likely to cause annoyance or

danger :

145

(d) the periodical testing and inspection of vehicles by prescribed

authorities

66

[ and fees to be charged for such test ;]

(e) the particulars other than registration marks to be exhibited by

vehicles and the manner in which they shall be exhibited; and

(f) the use of trailers with motor vehicles ;

67

[***]

Corresponding Law - Section 111 corresponds to section 70 of the

Motor Vehicles Act , 1939.

Objects and Reasons. - Clause 111 empowers the State Government to

make rules in respect of matters other than those conferred on the Central

Government regulating the construction, equipment and maintenance of motor

vehicles.

CHAPTER VIII

CONTROL OF TRAFFIC

112. Limits of speed - (1) No person shall drive a motor vehicle of

cause or allow a motor vehicle to be driven in any public place at a speed

exceeding the maximum speed or below the minimum speed fixed for the

vehicle under this Act or by or under any other law for the time being in

force :

Provided that such maximum speed shall in no case exceed the maximum

66. Inserted by Act 54 of 1994, S. 33 (w.e.f. 14-11-1994).

67. Cl.(g) omitted, lbid (w.e.f. 14-11-1994). Prior to its omission, Cl. (g) read as under :-

“(g) the placement of audio-visual or radio or tape-recorder type of devices in the vehicle.”

fixed for any motor vehicle or class or description of motor vehicles by the

Central Government by notification in the Official Gazette.

(2) The State Government of any authority authorised in this behalf

by the state Government may , if satisfied that it is necessary to restrict the

speed of motor vehicles in the interest of public safety or convenience or

because of the nature of any road or bridge, by notification in the Official

Gazette, & by causing appropriate traffic signs to be placed or erected under section

116 at suitable places, fix such maximum speed limits or minimum speed

146

limits as it thinks fit for motor vehicles or any specified class or description of

motor vehicles or for motor vehicles to which a trailer is attached, either

generally or in a particular area or on a particular road or roads :

Provided that no such notification is necessary if any restriction under

this section is to remain in force for not more than one month.

(3) Nothing in this section shall apply to any vehicle registered under

section 60 while it is being used in the execution of military manoeuvres within the

area and during the period specified in the notification under sub-section (1) of

section 2 of the Manoeuvres, Field Firing and Artillery practice Act, 1938 (5

of 1938).

Corresponding Law. – Section 112 corresponds to section 71 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 112 prescribes the maximum speed at which

each class or type of motor vehicle can be driven. It also empowers the State

Government to restrict the speed of any class of motor vehicle in certain

circumstances.

113. Limits of weight and limitations on use. – (1) The State

Government may prescribe the conditions for the issue of permits for

68

[transport vehicles] by the State or Regional Transport Authorities and may

prohibit or restrict the use of such vehicles in any area or route.

68. Substituted for “heavy goods vehicles or heavy passenger motor vehicles” by Act 54 of 1994, S.

34 (w.e.f. 14-11-1994).

(2) Except as may be otherwise prescribed, no person shall drive or

cause or allow to be driven in any public place any motor vehicle which is

not fitted with pneumatic types.

(3) No person shall drive or cause or allow to be driven in any

public place any motor vehicle or trailer –

(a) The unladen weight of which exceeds the unladen weight

specified in the certificate of registration of the vehicle or

147

(b) the laden weight of which exceeds the gross vehicle weight

specified in the certificate or registration.

(4) Where the driver or person in charge of a motor vehicle or trailer

driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not

the owner, a Court may presume that the offence was committed with the

knowledge of or under the orders of the owner of the motor vehicle or trailer.

Corresponding Law. – Section 113 corresponds to section 72 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 113 seeks to empower the State

Government to impose restrictions on the laden weight of vehicles to be driven

on public roads.

114. Power to have vehicle weighed.

– (1)

69

[Any officer of the

Motor Vehicles Department authorised in this behalf by the State Government

shall, if he has reason to believe that a goods vehicle or trailer is being used

in contravention of section 113.] require the driver to convey the vehicle to a

weighting device, if any, within a distance of ten kilometers from any point on

the forward route or within a distance of twenty kilometers from the

destination of the vehicle for weighment; and if on such weighment the vehicle

is found to contravene is any respect the provisions of section 113 regarding

weight, he may, by order in writing, direct the driver to off-load the excess

weight at his own risk and not to remove the vehicle or trailer from that place

69. Substituted for “Any person authorised in this behalf by the State Government may,

if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113,

“by Act 54 of 1994, S. 35 (w.e.f. 14-11-1994).

until the laden weight has been reduced or the vehicle or trailer has otherwise

been dealt with so that it complies with section 113 and on receipt of such

notice, the driver shall comply with such directions.

(2) Where the person authorised under sub-section (1) makes the said

order in writing, he shall also endorse the relevant details of the overloading

on the goods carriage permit and also intimate the fact of such endorsement to

the authority which issued that permit.

148

Corresponding Law. – Section 114 corresponds to section 73 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 114 seeks to authorise the State

Government to empower officers to weight goods carriages & wherever it is found

that the vehicle is carrying excess load, to direct the driver to unload the excess

goods at his risk and not to proceed unless such excess load is unloaded.

115. Power to restrict the use of vehicles. – The State Government

or any authority authorised in this behalf by the State Government, if satisfied

that it is necessary in the interest of public safety or convenience, or because

of the nature of any road or bridge, may, by notification in the Official

Gazette, prohibit or restrict, subject to such exceptions and conditions as may

be specified in the notification, the driving of motor vehicles or of any

specified class or description of motor vehicles or the use of trailers either

generally in a specified are or on a specified road and when any such

prohibition or restriction is imposed, shall cause appropriate traffic signs to be

placed or erected under section 116 at suitable places :

Provided that where any prohibition or restriction under this section is to

remain in force for not more than one month, notification thereof in the

Official Gazette shall not be necessary but such local publicity is the circumstances

may permit shall be given of such prohibition or restriction.

Corresponding Law. – Section 115 corresponds to section 74 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 115 empowers the State Government and

prescribed authorities to restrict the driving of any specified class of motor

vehicle and also to restrict the driving of any class of motor vehicle below a

minimum speed fixed for that class of vehicle on any public road.

116. Power to erect traffic signs. – (1) (a) The State Government or

any authority authorised in this behalf by the State Government may cause or

permit traffic sings to be placed or erected in any public place for the purpose

of bringing to public notice any speed limits fixed under sub-section (2) of

149

section 112 or any prohibitions or restrictions imposed under section 115 or

generally for the purpose of regulating motor vehicle traffic.

(a) A State Government or any authority authorised in this

behalf by the State Government may, by notification in the Official Gazette or

by the erection at suitable places of the appropriate traffic sign referred to in

Part A of the Schedule, designate certain roads as main roads for the purposes

of the driving regulations made by the Central Government.

(2) Traffic signs placed or erected under sub-section (1) for any

purpose for which provision is made in the Schedule shall be of the size,

colour and type and shall have the meanings set forth in the Schedule, but the

State Government or any authority empowered in this behalf by the State

Government may make or authorise the addition to any sign set forth in the said

Schedule, of transcriptions of the words, letters or figures thereon in such script

as the State Government may think fit provided that the transcriptions shall be

similar size and colour to the words, letters or figures set forth in the Schedule.

(3) Except as provided by sub-section (1),, no traffic sign shall, after

the commencement of this Act, be placed or erected on or near any road; but

all traffic signs placed or erected prior to the commencement of this Act by

any competent authority shall for the purpose of this Act be deemed to be

traffic signs placed or erected under the provisions of sub-section (1).

(4) A State Government may, by notification in the Official Gazette,

empower any police officer not below the rank of a Superintendent of Police to

remove or cause to be removed any sign or advertisement which is so placed in his

opinion as to obscure any traffic sign from view or any sign or advertisement which

in his opinion is so similar in appearance to a traffic sign as to be misleading or which

in his opinion is likely to district the attention or concentration of the driver.

(5) No person shall wilfully remove, alter, deface, or in any way

tamper with, any traffic signs placed or erected under this section.

(6) If any person accidentally causes such damage to a traffic sign an

renders it useless for the purpose for which it is placed or erected under this

section, he shall report the circumstances of the occurrence to a police officer

150

or at a police station as soon as possible, and in any case within twenty – four

hours of the occurrence.

(7) For the purpose of bringing the sign set forth in

70

[the First

Schedule] in conformity with any International Convention relating to motor

traffic to which the Central Government is for the time being a party, the

Central Government may, by notification in the Official Gazette, make any

addition or alteration to any such sign and on the issue of any such

notification,

71

[the First Schedule] shall be deemed to be amended accordingly.

Corresponding Law. – Section 116 corresponds to section 75 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 116 confers power on the State

Government and any authority authorised by the State Government to erect

traffic signs on public road for the information of road users. It also empowers

certain officers to remove from the public road any s ign which is likely to

distract the attention of a driver.

117. Parking places and halting stations. – The State Government

or any authority authorised in this behalf by the State Government may, in

consultation with the local authority having jurisdiction in the area concerned,

determine places at which motor vehicles may stand either indefinitely or for a

specified period of time, and may determine the places at which public service

vehicles may stop for a longer time than is necessary for the taking up and

setting down of passengers.

70. Substituted for “the Schedule” by Act 54 of 1994, S. 36 (w.e.f. 14-11-1994)

71. Substituted for “the Schedule” by Act 54 of 1994, s. 36 (w.e.f. 14-11-1994).

Corresponding Law. – Section 117 corresponds to section 76 of the Motor

Vehicles Act, 1939.

Objects and Reasons

. – Clause 117 permits determing the parking places

and halting stations for motor vehicles for the purpose of picking up and

setting down passengers.

118. Driving regulations. – The Central Government may, by notification

in the Official Gazette, make regulations* for the driving of motor vehicles.

151

Corresponding Law. – This is a new provision in the 1988 Act.

119. Duty to obey traffic signs. – (1) Every driver of a motor

vehicle shall drive the vehicle in conformity with any indication given by

mandatory traffic sign and in conformity with the driving regulations made by

the Central Government, and shall comply with all directions given to him by

any police officer for the time being engaged in the regulation of traffic in

any public place.

(2) In this section “mandatory traffic sign” means a traffic sign

included in Part A of

72

[the First Schedule], or any traffic sign of similar form

(that is to say, consisting of or including a circular disc displaying a device,

word or figure and having a red ground or border) placed or erected for the

purpose of regulating motor vehicle traffic under sub-section (1) of section 116.

Corresponding Law. – Section 119 corresponds to section 78 of the Motor

Vehicles Act, 1939.

Objects and Reasons.

– Clause 119 lays down that it is the duty of

every driver of a motor vehicle to drive the motor vehicle in conformity with

the indication given in mandatory traffic signs.

120. Vehicles with left hand control. – No person shall drive or

cause or allow to be driven in any public place any motor vehicle with a left

– hand steering control unless it is equipped with a mechanical or electrical

signalling device of a prescribed nature and in working order.

* In exercise of power conferred by S. 118, the Central Government made the Rules

of the Road Regulations, 1989, w.e.f. 1-7-1989.

72. Substituted for “the Schedule” by Act 54 of 1994, S. 36 (w.e.f. 14-11-1994).

Corresponding Law. – Section 120 corresponds to section 80 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 120 prohibits driving of motor vehicle

fitted with left hand control unless it is fitted with mechanical or electrical

signalling device.

152

121. Signals and signalling devices. – The driver of a motor vehicle

shall make such signals and on such occasions as may be prescribed by

the Central Government :

Provided that the signal of an intention to turn to the right or left or

to stop –

(a) in the case of a motor vehicle with a right – hand steering control,

may be given by a mechanical or electrical device of a prescribed nature

affixed to the vehicle; and

(b) in the case of a motor vehicle with a left – hand steering control,

shall be given by a mechanical or electrical device or a prescribed nature

affixed to the vehicle :

Provided further that the State Government may, having regard to the

width and condition of the roads in any area or route, by notification in the

Official Gazette, exempt subject to such conditions as may be specified therein

any motor vehicle or class or description of motor vehicles from the operation

of this section for the purpose of plying in that are or route.

Corresponding Law. – Section 121 corresponds to section 79 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 121 specifies that the drivers of motor

vehicles including the vehicles fitted with left hand steering should give

appropriate signals including mechanical and electrical signals of their intention

to turn right or left.

122. Leaving vehicle in dangerous position

– No person in charge of

a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned

or to remain at rest on any public place in such a position or in such a

condition or in such circumstances as to cause or likely to cause danger,

obstruction or undue inconvenience to other users of the public place or to the

passengers.

Corresponding Law. – Section 122 corresponds to section 81 of the Motor

Vehicles Act, 1939.

153

Objects and Reasons. – Clause 122 lays down that no motor vehicle

should be left on the public road in a dangerous position or in such a

manner so as to cause inconvenience to other road users or abandoned.

123. Riding on running board, etc. - (1) No person driving or in

charge of a motor vehicle shall carry any person or permit any person to be

carried on the running board or otherwise than within the body of the vehicle.

(2) No person shall travel on the running board or on the top or on

the bonnet of a motor vehicle.

Corresponding Law. – Section 123(1) corresponds to section 82 of the

Motor Vehicles Act, 1939. However, sub-section (2) of section 123, is a new

provision in the 1988 Act.

Objects and Reasons. – Clause 123 prohibits travelling in running board

or on top or on the bonnet of any motor vehicle.

124. Prohibition against travelling without pass or ticket. – No

person shall enter or remain in any stage carriage for the purposes of

travelling therein unless he has with him a proper pass or ticket;

Provided that where arrangements for the supply of tickets are made in

the stage carriage by which a person has to travel, a person may enter such

stage carriage but as soon as may be after his entry therein, he shall make the

payment of his fare to the conductor or the driver who performs the functions

of a conductor and obtain from such conductor or driver, as the case may be,

a ticket for his journey.

Explanation. – In this section, -

(a) “pass” means a duty privilege or courtesy pass entitling the person

to whom it is given to travel in a stage carriage gratuitously and includes a

pass issued on payment for travel in a stage carriage for the period specified

therein;

(b) “ticket” includes a single ticket, a return ticket or a season ticket.

Corresponding Law. – Section 124 corresponds to section 82 – A of the

Motor Vehicles Act, 1939.

154

Objects and Reasons. – Clause 124 prohibits travelling in buses without

ticket or pass.

125. Obstruction of driver.

– No person driving a motor vehicle shall

allow any person to stand or sit or to place anything in such a manner or

position as to hamper the driver in his control of the vehicle.

Corresponding Law

. – Section 125 corresponds to section 83 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 125 no driver of a motor vehicle shall

allow any person to be seated in such a position so as to hamper his driving.

126. Stationary Vehicles. - No person driving or in charge of a motor

vehicle shall cause or allow the vehicle to remain stationary in any public

place, unless there is in the driver’s seat a person duly licensed to drive the

vehicle or unless the mechanism has been stopped and a brake or brakes

applied or such other measures taken as to ensure that the vehicle cannot

accidentally be put in motion in the absence of the driver.

Corresponding Law. – Section 126 corresponds to section 84 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 126 lays down that no motor vehicle

should remain stationary in a public place unless there is a licensed driver in

the vehicle or where the engine has stopped running, proper precautionary

methods have been taken to ensure that the vehicle will not move accidentally

in the absence of the driver.

127. Removal of motor vehicles abandoned or left unattended

on a public place. –

73

[(1) where any motor vehicle is abandoned or left

73. Sub-S.(1) substituted by Act 54 of 1994, S.37(w.e.f.14-11-1994). Prior to its substitution,

sub-S.(1) read as under :-

“(1) Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or

more, its removal by a towing service may be authorised by a police officer having jurisdiction.”

unattended on a public place for ten hours or more or is parked in a place

where parking is legally prohibited, its removal by a towing service or its

155

immobilisation by any means including wheel clamping may be authorised by a

police officer in uniform having jurisdiction.]

(2) Where an abandoned, unattended, wrecked, burnt or partially

dismantled vehicle is creating a traffic hazard, because of its position in

relation to the

74

[public place], or its physical appearance is causing the

impediment to the traffic, its immediate removal from the

75

[public place] by a

towing service may be authorised by a police officer having jurisdiction.

(3) Where a vehicle is authorised to be removed under sub-section (1)

or sub-section (2) by a police officer, the owner of the vehicle shall be

responsible for all towing costs, besides any other penalty.

Corresponding Law. – This is a new provision in the 1988 Act.

Objects and Reasons. – Clause 127 makes provision empowering Police

Officers to tow away the motor vehicles which are abandoned or left

unattended on any public road and recover the cost of removal from the

owners of such vehicles.

128. Safety measures for drivers and pillion riders. – (1) No

driver of a two – wheeled motor cycle shall carry more than one person in

addition to himself on the motor cycle and no such person shall be carried

otherwise than sitting on a proper seat securely fixed to the motor cycle

behind the driver’s seat with appropriate safety measures.

(2) In addition to the safety measures mentioned in sub-section (1), the

Central Government may, prescribe other safety measures for the drivers of

two-wheeled motor cycles and pillion riders thereon.

Corresponding Law

. – Sub – section (1) of section 128 corresponds to

section 85 of the Motor Vehicles Act, 1939. However, sub-section (2) of section

128, is a new provision in the 1988 Act.

Objects and Reasons. – Clause 128 prescribes certain safety measures for

74. Substituted for “highway” by Act 54 of 1994, S.37 (w.e.f. 14-11-1994).

75. Substituted, ibid, for “highway” (w.e.f. 14-11-1994).

drivers and pillion riders of motor vehicles. It also empowers the Central

Government to prescribe other safety measures in this regard.

156

129. Wearing of protective headgear. - Every person driving or

riding (otherwise than in a side car, on a motor cycle of any class or

description) shall, while in a public place, wear

76

[protective headgear

conforming to the standards of Bureau of Indian Standards:]

provided that the provisions of this section shall not apply to a person

who is a Sikh, if he is, while driving or riding on the motor cycle, in a public

place, wearing a turban :

provided further that the State Government may, by such rules, provide

for such exceptions as it may think fit.

Explanation. – “Protective headgear” means a helmet which, -

(a) by virtue of its shape, material and construction, could reasonably

be expected to afford to the person driving or riding on a motor cycle a

degree of protection from injury in the event of an accident; and

(b) is securely fastened to the head of the wearer by means of straps

or other fastenings provided on the headgear.

Corresponding Law.

–

Section 129 corresponds to section 85 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 129 empowers the State Government to

prescribe protective headgear to be worn by the drivers or pillion riders of

motor cycle other than a person who is a Sikh wearing a turban and to make

such exemption as the State Government thinks fit.

130. Duty to produce licence and certificate of registration. – (1)

The driver of a motor vehicle in any public place shall, on demand by any

police officer in uniform, produce his licence for examination.

Provided that the driver may, of his licence has been submitted to, or has been

76. Substituted by S. 38, ibid, for " a protective headgear of such descriptions as may be

specified by the State Government by rules made by it in this behalf, and different descriptions of

headgears may be specified in such rules in relation to different circumstances or different class or

description of motor cycles" (w.e.f. 14-11-1994)

sized by, any officer or authority under this or any other Act, produce in lieu of the

licence a receipt or other acknowledgement issued by such officer or authority in

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respect thereof an thereafter produce the licence within such period, in such manner

as the Central Government may prescribe to the police officer making the

demand.

77

[(2) The conductor, if any, of a motor vehicle on any public place

shall, on demand by any officer of the Motor Vehicles Department authorised

in this behalf, produce the licence for examination.]

78

[(3) The owner of a motor vehicle (other than a vehicle registered under

section 60), or in his absence the driver or other person in charge of the

vehicle, shall, on demand by a registering authority or any other officer of the

Motor Vehicles Department duly authorised in this behalf, produce the certificate

of insurance of the vehicle and, where the vehicle is a transport vehicle, also the

certificate of fitness referred to in section 56 and the permit; and if any or all of

the certificates or the permit are not in his possession, he shall, within fifteen

days from the date of demand, submit photo copies of the same, duly attested

in person or send the same by registered post the officer who demanded it.

Explanation. – For the purposes of this sub-section, “certificate of

insurance” means the certificate issued under sub-section (3) of section 147.]

(4) If the licence referred to in sub-section (2) or the certificates or

permit referred to in sub-section (3), as the case may be, are not at the time in

77. Sub-S. (2) substituted by Act 54 of 1994, S.39 (w.e.f. 14-11-1994). Prior to its substitution,

sub-S. (2) read as under :-

“(2) The conductor, if any, of a motor vehicle in any public place shall, on

demand by any police officer in uniform, produce his licence for examination”

78. Sub-S.(3) substituted, ibid (w.e.f. 14-11-1994). Prior to its substitution, sub-S.(3) read as

under:-

“(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in

his absence the driver or other person in charge of the vehicle, shall on demand by a registering

authority or any person authorised in this behalf by the State Government, produce the certificate or

registration and the certificate of insurance of the vehicle and, where the vehicle is a transport

vehicle, also the certificate of fitness referred to I section 56 and the permit.

Explanation. – for the purposes of this sub-section, “certificate of insurance” means the

certificate issued under sub-section(3) of section 147”.

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the possession of the person to whom demand is made, it shall be a sufficient

compliance with this section if such person produces the licence or

certificates or permit within such period in such manner as the Central

Government may prescribe, to the police officer or authority making the

demand :

Provided that, except to such extent and with such modifications as may

be prescribed, the provisions this sub-section shall not apply to any person

required to produce the certificate of registration or the certificate of fitness of

a transport vehicle.

Corresponding Law. – Section 130 corresponds to section 86 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 130 requires the driver of a motor vehicle

to produce on demand by a Police Officer, the driving licence, registration

certificate, fitness certificate in the case of transport vehicle.

131. Duty of the driver to take certain precautions at

unguarded railway level crossings. -

Every driver of a motor vehicle at the

approach of any unguarded railway level crossing shall cause the vehicle to

stop and the driver of the vehicle shall cause the conductor or cleaner or

attendant or any other person in the vehicle to walk up to the level crossing

and ensure that no train or trolley is approaching from either side and then

pilot the motor vehicle across such level crossing, and where no conductor or

cleaner or attendant or any other person is available in the vehicle, the driver

of the vehicle shall get down from the vehicle himself to ensure that no train

or trolley is approaching from either side before the railway track is crossed.

Corresponding Law. - This is a new provision in the 1988 Act.

Objects and Reasons. – Clause 131 prescribes certain duties for a driver

approaching an unmanned level crossing to ensure safe crossing of the vehicle

in the interest of public safety.

132. Duty of driver to stop in certain cases. – (1) The driver of

motor vehicle shall cause the vehicle to stop & remain stationary so long as

79

[may

for such reasonable time as may be necessary, but not exceeding twenty-four hours],-

159

80

[(a) when required to do so by any police officer not below the rank

of a Sub-Inspector in uniform, in the event of the vehicle being involved in

the occurrence of an accident to a person, animal or vehicle or of damage to

property, or]

(b) when required to do so by any person in charge of an animal if

such person apprehends that the animal is, or being alarmed by the vehicle will

become, unmanageable, or

(c)

81

[***]

And he shall give his name and address and the name and address of the

owner of the vehicle to any person affected by any such accident or damage

who demands it provided such person also furnishes his name and address.

(2) The driver of a motor vehicle shall, on demand by a person giving

his own name and address and alleging that the driver has committed an

offence epunishable under section 184, give his name and address to that person.

(3) In this section the expression “animal” means any horse, cattle,

elephant, camel, ass, mule, sheep or goat.

Corresponding Law. – Section 132 corresponds to section 87 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 132 details the duty of the driver of a

motor vehicle to stop his vehicle in certain circumstances such as when his

vehicle is involved in an accident, etc.

133. Duty of owner of motor vehicle to give information- The owner

of a motor vehicle, the driver or conductor of which is accused of any offence under

this Act shall, on the demand of any police officer authorised in this behalf by the

79. Substituted for “may reasonably be necessary” by Act 54 of 1994, S.40 (w.e.f. 14-11-1994)

80. Cl. (a) substituted, ibid (w.e.f. 14-11-1994). Prior to its substitution, Cl. (a) read as under :-

“(a) when required to do so by any police officer in uniform; or”

81. Cl.(c) omitted by Act 54 of 1994, S.40 (w.e.f. 14-11-1994). Prior to its omission, Cl.(c) read as

under :-

“(c) when the vehicle is involved in the occurrence of an accident to a person, animal or

vehicle or of damage to any property, whether the driving or management of the vehicle was or was

not the cause of the accident or damage,”.

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State Government, give all information regarding the name and address of, and the

licence held by, the dirver or conductor which is in his possession or could by

reasonable diligence be ascertained by him.

Corresponding Law-

Section 133 corresponds to section 88 of the Motor

Vehicles Act. 1939.

Objects and Reason- Clause 133 provides that the owner of a motor vehicle

shall, on demand by a Police Officer, furnish the name and address of the driver or the

conductor of the vehicle who are accused of any offence under this Act alongwith the

licence number, etc.

134. Duty of driver in case of accident and injury to a person.

–

When any person is injured or any property of a third party is damaged, as

a result of an accident in which a motor vehicle is involved, the driver of the

vehicle or other person in charge of the vehicle shall –

(a) unless it is not practicable to do so on account of mob fury or any

other reason beyond his control, take all reasonable steps to secure medical

attention for the injured person,

82

[by conveying him to the nearest medical

practitioner or hospital, and it shall be the duty of every registered medical

practitioner or the doctor on the duty in the hospital immediately to attend to the

injured person and render medical aid or treatment without waiting for any

procedural formalities], unless the injured person or his guardian, in case he is

a minor, desired otherwise;

(b) give on demand by a police officer any information required

by him or, if no police officer is present, report the circumstances of the

occurrence, including the circumstances, if any, or not taking reasonable steps to

secure medical attention as required under clause (a), at the nearest police

station as soon as possible, and in any case within twenty-four hours of the

occurrence;

83

[(c) give the following information in writing to the insurer, who has

82. Substituted by S.41, ibid, for “and, if necessary, convey him to the nearest

hospital”(w.e.f. 14-11-1994).

83. Inserted by Act 54 of 1994, S. 41 (w.e.f. 14-11-1994).

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issued the certificates of insurance, about the occurrence of the accident,

namely :-

(i) insurance policy number and period of its validity;

(ii) date, time and place of accident;

(iii.) particulars of the persons injured or killed in the accident;

(iv.) name of the driver and the particulars of his driving licence.

Explanation. – For the purposes of this section, the expression “driver”

includes the owner of the vehicle.]

Corresponding Law. – Section 134 corresponds to section 89 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 134 sets out the duties of the driver

involved in accident, such as reporting the accident to the Police Station,

rendering medical aid to the injured, etc.

135. Schemes to be

framed for the investigation of accident

cases and wayside amenities, etc. –

(1) The State Government may, by

notification in the Official Gazette, make one or more schemes to provide for -

(a) an in depth study on causes and analysis of motor vehicle

accidents;

(b) wayside Amenities on highways;

(c) traffic aid posts on highways; and

(d) truck parking complexes along highways.

(2) Every scheme made under this section by any State Government

shall be laid, as soon as may be after it is made, before the State Legislature.

Corresponding Law. – This is new provision in the 1988 Act.

Objects and Reasons. – Clause 135 empowers the State Government to

frame scheme for indepth study of motor vehicle accident way-side amenities,

traffic and posts and truck parking complexes.

136. Inspection of vehicle involved in accident. – When any accident

occurs in which a motor vehicle is involved, any person authorised in this

behalf by the State Government may, on production if so required of his

authority, inspect the vehicle and for that purpose may enter at any reasonable

162

time any premises where the vehicle may be, and may remove the vhielce for

examination :

Provided that the place to which the vehicle is so removed shall be

intimated to the owner of the vehicle and the vehicle shall be returned

84

[after

completion of the formalities to the owner, driver or the person in charge of

the vehicle within twenty-four hours.]

Corresponding Law. – Section 136 corresponds to section 90 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 136 prescribes that a motor vehicle

involved in accident should be produced for inspection before the person

authorised by the State Government and for this purpose it empowers the

officers to enter into any premises and remove the vehicle for inspection.

137. Power of Central Government to make rules. – The Central

Government may make rules to provide for all or any of the following

matters, namely ;-

(a) the occasions on which signals shall be made by drivers of motor

vehicles and such signals under section 121;

(b) the manner in which the licences and certificates may be produced

to the police officer under section 130.

Corresponding Law. – This is a new provision in the 1988 Act.

Objects and Reasons. – Clause 137 lays down that the Central

Government may make rules to carry into effect the provisions of this Chapter

where Central Government is authorised.

138. Power of State Government to make rules. – (1) The State

Government may make rules for the purpose of carrying into effect the

provisions of this Chapter other than the matters specified in section 137.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide for –

(a) the removal and the safe custody of vehicles including their

84. Substituted for “without necessary delay” by Act 54 of 1994, S.42 (w.e.f. 14-11-1994).

163

loads which have broken down or which have been left standing or have been

abandoned on roads;

(b) the installation and use of weighing devices;

(c) the maintenance and management of wayside amenities

complexes;

(d) the exemption from all or any of the provisions of this

Chapter of fire Brigade vehicles, ambulance and other special classes or

descriptions of vehicle, subject to such conditions as may be prescribed;

(e) the maintenance and management of parking places and stands

and the fees, if any, which may be charged for their use;

(f) prohibiting the driving downhill of a motor vehicle with the

gear disengaged either generally or in a specified place;

(g) prohibiting the taking hold of or mounting of a motor vehicle

in motion;

(h) prohibiting the use of foot-paths or pavements by motor

vehicles;

(i) generally, the prevention of danger, injury or annoyance to the

public or any person, or of danger or injury to property or of obstruction to

traffic; and

(j) any other matter which is to be, or may be, prescribed.

Corresponding Law. – Section 138 corresponds to section 91 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 138 empowers the State Government to

make rules for the purposes of carrying into effect the provisions of this Chapter.

CHAPTER IX

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139. Power of Central Government to make rules. – (1) The

Central Government may, by notification in the Official Gazette, make rules for

all or any of the following purposes, namely :-

164

(a) the grant and authentication of travelling passes, certificates or

authorisations to persons temporarily taking motor vehicles out of India to

any place outside India or to persons temporarily proceeding out of India to

any place outside India and desiring to driver a motor vehicle during their

absence from India;

(b) prescribing the conditions subject to which motor vehicles

brought temporarily into India from outside India by persons intending to make

a temporary stay in India may be possessed and used in India; and

(c) prescribing the conditions subject to which persons entering

India from any place outside India for a temporary stay in India may drive

motor vehicles in India.

(2) For the purpose of facilitating and regulating the services of motor

vehicles operating between India and any other country under any reciprocal

arrangement and carrying passengers or goods or both by road for hire or

reward, the Central Government may, by notification in the Official Gazette,

make rules with respect to all or any of the following matters, namely :-

(a) the conditions subject to which motor vehicles carrying on

such services may be brought into India from outside India and possessed and

used in India;

(b) the conditions subject to which motor vehicles may be taken

from any places in India to any place outside India;

(c) the conditions subject to which persons employed as drivers

and conductors of such motor vehicles may enter or leave India;

(d) the grant and authentication of travelling passes, certificates or

authorisations to persons employed as drivers and conductors of such motor

vehicles.

(e) the particulars (other than registration marks) to be exhibited

by such motor vehicles and the manner in which such particulars are to be

exhibited;

(f) the use of trailers with such motor vehicles;

165

(g) the exemption of such motor vehicles and their drivers and

conductors from all or any of the provisions of this Act [other than those

referred to in sub-section (4)] or the rules made thereunder;

(h) the identification of the drivers and conductors of such motor

vehicles;

(i) the replacement of the travelling passes, certificates or

authorisations, permits, licence or any other prescribed documents lost or

defaced, on payment of such fee as may be prescribed;

(j) the exemption from the provisions of such laws as relate to

customs, police or health with a view to facilitate such road transport services;

(k) any other matter which is to be, or may be, prescribed.

(3) No rule made under this section shall operate to confer on any

person any immunity in any State from the payment of any tax levied in that

State on motor vehicles or their users.

(4) Nothing in this Act or in any rule made thereunder by a State

Government relating to -

(a) the registration and identification of motor vehicles, or

(b) the requirements as to construction, maintenance and equipment

of motor vehicles, or

(c) The licencing and the qualifications of drivers and conductors of

motor vehicles shall apply –

(i) to any motor vehicle to which or to any driver of a

motor vehicle to whom any rules made under clause (b) or clause (c) of sub-

section (1) or under sub-section (2) apply; or

(ii) to any conductor of a motor vehicle to whom any rules

made under sub-section (2) apply.

Corresponding Law. – Section 139 corresponds to section 92 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 139 authorises the Central Government to

make rules for carrying into effect the provisions of this Chapter relating to

166

the regulation of services of motor vehicles operating between India and any

other country under reciprocal agreement, etc.

CHAPTER X

LIABILITY WITHOUT FAULT IN CERTAIN CASES

140. Liability to pay compensation in certain cases on the

principle of no fault. –

(1) Where death or permanent disablement of any

person has resulted from an accident arising out of the use of a motor vehicle or

motor vehicles, the owner of the vehicles shall, or, as the case may be, the owners

of the vehicles shall, jointly and severally, be liable to pay compensation in respect

of such death or disablement in accordance with the provisions of this section.

(2) The amount of compensation which shall be payable under sub-

section (1) in respect of the death of any person shall be a fixed sum of

85

[fifty thousand rupees] and the amount of compensation payable under that

sub-section in respect of the permanent disablement of any person shall be a

fixed sum of

86

[twenty – five thousand rupees].

(3) In any claim for compensation under sub-section (1), the claimant

shall not be required to plead and establish that the death or permanent

disablement in respect of which the claim has been made was due to any

wrongful act, neglect or default of the owner or owners of the vehicle or

vehicles concerned or of any other person.

(4) A claim for compensation under sub-section (1) shall not be

defeated by reason of any wrongful act, neglect or default of the person in

respect of whose death or permanent disablement the claim has been made nor

shall the quantum of compensation recoverable in respect of such death or

permanent disablement be reduced on the basis of the share of such person in

the responsibility for such death or permanent disablement.

87

(5) Notwithstanding anything contained in sub-section (2) regarding

85. Substituted for “twenty – five thousand rupees” by Act 54 of 1994, S. 43 (w.e.f. 14-11-

1994).

86. Substituted, ibid, for “twelve thousand rupees” (w.e.f. 14-11-1994).

87. Inserted, ibid (w.e.f. 14-11-1994).

167

death or bodily injury to any person, for which the owner of the vehicle is

liable to give compensation for relief, he is also liable to pay compensation

under any other law for the time being in force :

Provided that the amount of such compensation to be given under any

other law shall be reduced from the amount of compensation payable under

this section or under section 163 – A].

Corresponding Law. - Section 140 corresponds to section 92 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 140 provides for liability to pay

compensation in certain cases on the principle of no fault.

141. Provisions as to other right to claim compensation for

death or permanent disablement

- (1) The right to claim compensation

under section 140 in respect of death or permanent disablement of any person

shall be in addition to

88

[any other right, except the right to claim under the

scheme referred to in section 163 – A (such other right hereafter] in this section

referred to as the right on the principle of fault) to claim compensation in

respect thereof under any other provision of this Act or of any other law for

the time being in force.

(2) A claim for compensation under section 140 in respect of death or

permanent disablement of any person shall be disposed of as expeditiously as

possible and where compensation is claimed in respect of such death or

permanent disablement under section 140 and also in pursuance of any right on

the principle of fault, the claim for compensation under section 140 shall be

disposed of as aforesaid in the first place.

(3) Notwithstanding anything contained in sub-section (1), where in

respect of the death or permanent disablement of any person, the person liable

to pay compensation under section 140 is also liable to pay compensation in

accordance with the right on the principle of fault, the person so liable shall

pay the first-mentioned compensation and -

(a) if the amount of the first-mentioned compensation is less

88. Substituted for “any other right hereafter” by Act 54 of 1994, S. 44 (w.e.f. 14-11-1994)

168

than the amount of the second-mentioned compensation, he shall be liable to

pay (in addition to the first-mentioned compensation) only so much of the

second-mentioned compensation as is equal to the amount by which it exceeds

the first-mentioned compensation;

(b) if the amount of the first-mentioned compensation is equal

to or more than the amount of the second-mentioned compensation, he shall

not be liable to pay the second-mentioned compensation.

Corresponding Law. – Section 141 corresponds to section 92 – B of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 141 makes provision to claim

compensation for death or permanent disablement besides the claim for

compensation for no fault liability.

142. Permanent disablement. – For the purposes of this Chapter,

permanent disablement of a person shall be deemed to have resulted from an

accident of the nature referred to in sub-section (1) of section 140 if such

person has suffered by reason of the accident, any injury or injuries involving :-

(a) permanent privation of the sight of either eye or the hearing of

either ear, or privation of any member or joint; or

(b) destruction or permanent impairing of the powers of any members

or joint; or

(c) permanent disfiguration of the head or face.

Corresponding Law. – Section 142 corresponds to section 92 – C of the

Motor Vehicles Act, 1939.

Objects and Reasons.

– Clause 142 seeks to classify injuries which are

considered as permanent disablement for the purpose of this Act.

143. Applicability of Chapter to certain claims under Act 8 of

1923.

– The provisions of this Chapter shall also apply in relation to any claim

for compensation in respect of death or permanent disablement of any person

under the Workmen’s Compensation Act, 1923 (8 of 1923) resulting from an

accident of the nature referred to in sub-section (1) of section 140 and for this

169

purpose, the said provisions shall, with necessary modifications, be deemed to

form part of that Act.

Corresponding Law. – Section 143 corresponds to section 92 – D of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 143 lays down that the provision of this

Chapter shall also apply in relation to any claims under Workmen’s

Compensation Act.

144. Overriding effect. – The provisions of this Chapter shall have effect

notwithstanding anything contained in any other provision of this Act or of any

other law for the time being in force.

Corresponding Law. – Section 144 corresponds to section 92 – E of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 144 provides for overriding effect of this

Chapter over any other provisions of this Act or any law for the time being in

force.

CHAPTER XI

INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS

145. Definitions. – In this Chapter, -

(a) “authorised insurer” means an insurer for the time being carrying on

general insurance business in India under the General Insurance Business

(Nationalisation) Act, 1972, and any Government insurance fund authorised to

do general insurance business under that Act,

(b) “certificate of insurance” means a certificate issued by an authorised

insurer in pursuance of sub-section (3) of section 147 and includes a cover note

complying with such requirements as may be prescribed, and where more than one

certificate has been issued in connection with a policy, or where a copy of a

certificate has been issued, all those certificates or that copy, as the case may be;

(c) “liability”, wherever used in relation to the death of or bodily injury

to any person, includes liability in respect thereof under section 140;

(d) “policy of insurance” includes “certificate of insurance”;

170

(e) “property” includes goods carried in the motor vehicle, roads, bridges,

culverts, causeways, trees, posts and mile-stones;

(f) “reciprocating country” means any such country as may on the basis

of reciprocity be notified by the Central Government in the Official Gazette to

be a reciprocating country for the purposes of this Chapter;

(g) “third party” includes the Government.

Corresponding Law. – Section 145 corresponds to section 93 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 145 seeks to define certain words and

expressions appearing in this Chapter.

146. Necessity for insurance against third party risk. – (1) No

person shall use, except as a passenger, or cause or allow any other person to

use, a motor vehicle in a public place, unless there is in force in relation to

the use of the vehicle by that person or that other person, as the case may be,

a policy of insurance complying with the requirements of this Chapter :

89

[Provided that in the case of a vehicle carrying, or meant to carry,

dangerous or hazardous goods, there shall also be a policy of insurance under

the Public Liability Insurance Act, 1991 (6 of 1991)].

Explanation. – A person driving a motor vehicle merely as a paid

employee, while there is in force in relation to the use of the vehicle no such

policy as is required by this sub-section, shall not be deemed to act in

contravention of the sub-section unless he knows or has reason to believe that

there is no such policy in force.

(2) Sub-section (1) shall not apply to any vehicle owned by the Central

Government or a State Government and used for Government purposes

unconnected with any commercial enterprise.

(3) The appropriate Government may, by order, exempt from the

operation of sub-section (1) any vehicle owned by any of the following

authorities, namely :-

(a) the Central Government or a State Government, if the vehicle is

89. Inserted by Act 54 of 1994, S. 45 (w.e.f. 14-11-1994).

171

used for Government purposes connected with any commercial enterprise;

(b) any local authority;

(c) any State transport undertaking :

Provided that no such order shall be made in relation to any such

authority unless a fund has been established and is maintained by that authority

in accordance with the rules made in that behalf under this Act for meeting

any liability arising out of the use of any vehicle of that authority which that

authority or any person in its employment may incur to third parties.

Explanation. – For the purposes of this sub-section, “appropriate

Government” means the Central Government or a State Government, as the

case may be, and –

(i) in relation to any corporation or company owned by the Central

Government or any State Government, means the Central Government or that

State Government;

(ii) in relation to any corporation or company owned by the Central

Government & one or more State Governments, means the Central Government;

(iii)in relation to any other State transport undertaking or any local

authority, means that Government which has control over that undertaking or

authority.

Corresponding Law. – Section 146 corresponds to section 94 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 146 speaks of the necessity for insurance

against third party risk.

147. Requirement of policies and limits of liability. – (1) In order

to comply with the requirements of this Chapter, a policy of insurance must be

a policy which -

(a) is issued by a person who is an authorised insurer; and

(b) insurers the person or classes of persons specified in the

policy to the extent specified in sub – section (2) –

(i) against any liability which may be incurred by him in

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respect of the death of or bodily

90

[injury to any person, including owner of

the goods or his authorised representative carried in the vehicle] or damage

to any property of a third party caused by or arising out of the use of the

vehicle in a public place ;

(ii) against the death of or bodily injury to any passenger of a

public service vehicle caused by or arising out of the use of the vehicle in a

public place;

Provided that a policy shall not be required –

(i) to cover liability in respect of the death, arising out of and

in the course of this employment, of the employee of a person insured by the

policy or in respect of bodily injury sustained by such an employee arising out

of and in the course of his employment other than a liability arising under the

Workmen’s Compensation Act, 1923 (8 of 1923), in respect of the death of, or

bodily injury to, any such employee -

(a) engaged in driving the vehicle, or

(b) if it is a public service vehicle, engaged as a conductor

of the vehicle or in examining tickets on the vehicle, or

(c) if it is a goods carriage, being carried in the vehicle, or

(ii) to cover any contractual liability.

Explanation. – For the removal of doubts, it is hereby declared that the

death of or bodily injury to any person or damage to any property of a third

party shall be deemed to have been caused by or to have arisen out of, the

use of a vehicle in a public place notwithstanding that the person who is dead

or injured or the property which is damaged was not in a public place at the

time of the accident, if the act or omission which led to the accident occurred

in a public place.

(2) Subject to the proviso to sub-section (1), a policy of insurance

referred to in sub-section (1), shall cover any liability incurred in respect of

any accident, up to the following limits, namely :-

90. Substituted for “injury to any person” by Act 54 of 1994, S.46 (w.e.f. 14-11-

1994).

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(a) save as provided in clause (b), the amount of liability incurred.

(b) in respect of damage to any property of a third party, a

limit of rupees six thousand :

Provided that any policy of insurance issued with any limited liability

and in force, immediately before the commencement of this Act, shall continue

to be effective for a period of four months after such commencement or till

the date of expiry of such policy whichever is earlier.

(3) A policy shall be of no effect for the purposes of this Chapter

unless and until there is issued by the insurer in favour of the person by

whom the policy is effected a certificate of insurance in the prescribed form

and containing the prescribed particulars of any condition subject to which the

policy is issued and of any other prescribed matters; and different forms,

particulars and matters may be prescribed in different cases.

(4) where a cover note issued by the insurer under the provisions of

this Chapter or the rules made thereunder is not followed by a policy of

insurance within the prescribed time, the insurer shall, within seven days of the

expiry of the period of the validity of the cover note, notify the fact to the

registering authority in whose records the vehicle to which the cover note

relates has been registered or to such other authority as the State Government

may prescribe.

(5) Notwithstanding anything contained in any law for the time being

in force, an insurer issuing a policy of insurance under this section shall be

liable to indemnify the person or classes of persons specified in the policy in

respect of any liability which the policy purports to cover in the case of that

person or those classes of persons.

Corresponding Law. – Section 147 corresponds to section 95 of the

Motor Vehicle Act, 1939.

Objects and Reasons. – Clause 147 lays down the requirements of the

policies and the limit of liability in respect of passengers and persons other

than passengers in relation to passenger vehicles and goods carriages.

174

148. Validity of polices of insurance issued in reciprocating

countries. –

Where, in pursuance of an arrangement between India and any

reciprocating country, the motor vehicle registered in the reciprocating country

operates on any route or within any area common to the two countries and

there is in force in relation to the use of the vehicle in the reciprocating

country, a policy of insurance complying with the requirements of the law of

insurance in force in that country, then, notwithstanding anything contained in

section 147 but subject to any rules which may be made under section 164,

such policy of insurance shall be effective throughout the route or area in

respect of which, the arrangement has been made, as if the policy of insurance

had complied with the requirements of this Chapter.

Corresponding Law. – Section 148 corresponds to section 95 – A, of

the Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 148 provides for the validity of

policies of insurance issued in a reciprocating country in respect of motor

vehicle of the reciprocating country operating on any route common to the two

countries.

149. Duty of insurers to satisfy judgments and awards against

persons insured in respect of third party risks. –

(1) if, after a certificate

of insurance has been issued under sub-section (3) of section 147 in favour of

the person by whom a policy has been effected, judgement or award in respect

of any such liability as is requirement to be covered by a policy under clause

(b) of sub-section (1) of section 147 (being a liability covered by the terms of

the policy)

91

[or under the provisions of section 163 – A] is obtained against

any person insured by the policy, then, notwithstanding that the insurer may be

entitled to avoid of cancel or may have avoided or cancelled the policy, the

insurer shall, subject to the provisions of this section, pay to the person

entitled to the benefit of the decree any sum not exceeding the sum assured

payable thereunder, as if he were the judgement debtor, in respect of the

91. Inserted by Act 54 of 1994, S. 47 (w.e.f. 14-11-1994).

175

liability, together with any amount payable in respect of costs and any sum

payable in respect of interest on that sum by virtue of any enactment

relating to interest on judgements.

(2) No sum shall be payable by an insurer under sub-section (1)

in respect of any judgement or award unless, before the commencement of the

proceedings in which the judgement or award is given the insurer had notice

through the Court or, as the case may be, the Claims Tribunal of the bringing

of the proceedings, or in respect of such judgement or award so long as

execution is stayed thereon pending an appeal; and an insurer to whom notice

of the bringing of any such proceedings is so given shall be entitled to be

made a party thereto and to defend the action on any of the following

grounds, namely :-

(a) that there has been a breach of a specified condition of the

policy, being one of the following conditions, namely :-

(i) a condition excluding the use of the vehicle -

(a) for hire or reward, where the vehicle is on the date of

the contract of insurance a vehicle not covered by a permit to ply for hire or

reward, or

(b) for organised racing and speed testing, or

(c) for a purpose not allowed by the permit under which the

vehicle is used, where the vehicle is a transport vehicle, or

(d) without side-car being attached where the vehicle is a

motor cycle; or

(ii) a condition excluding driving by a named person or persons

or by any person who is not duly licenced, or by any person who has been

disqualified for holding or obtaining a driving licence during the period of

disqualification; or

(iii)a condition excluding liability for injury caused or

contributed to by conditions of war, civil war, riot or civil commotion; or

176

(b) that the policy is void on the ground that it was obtained by

the non-disclosure of a material fact or by a representation of fact which

was false in some material particular.

(3) Where any such judgement as is referred to in sub-section (1) is

obtained from a Court in a reciprocating country and in the case of a foreign

judgement is, by virtue of the provisions of section 13 of the Code of Civil

Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it,

the insurer (being an insurer registered under the Insurance Act, 1938 (4 of

1938) and whether or not he is registered under the corresponding law of the

reciprocating country) shall be liable to the person entitled to the benefit of the

decree in the manner and to the extent specified in sub-section (1), as if the

judgement were given by a Court in India :

Provided that no sum shall be payable by the insurer in respect of any

such judgement unless, before the commencement of the proceedings in which

the judgement is given, the insurer had notice through the Court concerned of

the bringing of the proceedings and the insurer to whom notice is so given is

entitled under the corresponding law of the reciprocating country, to be made a

party to the proceedings and to defend the action on grounds similar to those

specified in sub-section (2).

(4) Where a certificate of insurance has been issued under sub-section

(3) of section 147 to the person by whom a policy has been effected, so

much of the policy as purports to restrict the insurance of the persons insured

thereby by reference to any conditions other than those in clause (b) of sub-

section (2) shall, as respects such liabilities as are required to be covered by a

policy under clause (b) of sub-section (1) of section 147, be of no effect :

Provided that any sum paid by the insurer in or towards the discharge

of any liability of any person which is covered by the policy by virtue only of

this sub-section shall be recoverable by the insurer from that person.

(5) If the amount which an insurer becomes liable under this section

to pay in respect of a liability incurred by a person insured by a policy

exceeds the amount for which the insurer would apart from the provisions of

177

this section be liable under the policy in respect of that liability, the insurer

shall be entitled to recover the excess from that person.

(6) In this section the expression “material fact” and “material

particular” means, respectively, a fact or particular of such a nature as to

influence the judgement of a prudent insurer in determining whether he will

take the risk and, if so, at what premium and on what conditions, and the

expression “liability covered by the terms of the policy” means liability which

is covered by the policy or which would be so covered but for the fact that

the insurer is entitled to avoid or cancel or has avoided or cancelled the policy.

(7) No insurer to whom the notice referred to in sub-section (2) or

sub-section (3) has been given shall be entitled to avoid his liability to any

person entitled to the benefit of any such judgement or award as is referred to

in sub-section (1) or in such judgement as is referred to in sub-section (3)

otherwise than in the manner provided for in sub-section (2) or in the

corresponding law of the reciprocating country, as the case may be.

Explanation. – For the purposes of this section, “Claims Tribunal” means

a Claims Tribunal constituted under section 165 and “award” means an award

made by that Tribunal under section 168.

Corresponding Law. - Section 149 corresponds to section 96 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 149 lays down that it is the duty of the

insurers to satisfy judgements against persons insured in respect of third party

risk.

150. Rights of third parties against insurers on insolvency of

the insured.

– (1) Where under any contract of insurance effected in

accordance with the provisions of this Chapter, a person is insured against

liabilities which he may incur to third parties, then -

(a) in the event of the person becoming insolvent or making a

composition or arrangement with his creditors, or

(b) where the insured person is a company, in the event of a

winding-up order being made or a resolution for a voluntary winding-up being

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passed with respect to the company or of a receiver or manager of the

company’s business or undertaking being duly appointed, or of possession

being taken by or on behalf of the holders of any debentures secured by a

floating charge of any property comprised in or subject to the charge,

if, either before or after that event, any such liability is incurred by the

insured person, his rights against the insurer under the contract in respect of

the liability shall, notwithstanding anything to the contrary in any provision of

law, be transferred to and vest in the third party to whom the liability was so

incurred.

(2) Where an order for the administration of the estate of a deceased

debtor is made according to the law of insolvency, then, if any debt provable

in insolvency is owing by the deceased in respect of a liability to a third party

against which he was insured under a contract of insurance in accordance with

the provisions of this Chapter, the deceased debtor’s rights against the insurer

in respect of that liability shall, notwithstanding anything to the contrary is any

provision of law, be transferred to and vest in the person to whom the debt is

owing.

(3) Any condition in a policy issued for the purposes of this Chapter

purporting either directly or indirectly to avoid the policy or to alter the rights

of the parties thereunder upon the happening to the insured person of any of

the events specified in clause (a) or clause (b) of sub-section (1) or upon the

making of an order for the administration of the estate of a deceased debtor

according to the law of insolvency shall be of no effect.

(4) Upon a transfer under sub-section (1) or sub-section (2), the

insurer shall be under the same liability to the third party as he would have

been to the insured person, but –

(a) if the liability of the insurer to the insured person exceeds

the liability of the insured person to the third party, nothing in this Chapter

shall affect the rights of the insured person against the insurer in respect of

the excess, and

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(b) if the liability of the insurer to the insured person is less

than the liability of the insured person to the third party, nothing in this

Chapter shall affect the rights of the third party against the insured person in

respect of the balance.

Corresponding Law. – Section 150 corresponds to section 97 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 150 provides that in the event of the

insured becoming insolvent any liability incurred by the insured person and his

rights against the insurer will be transferred to and vest in the third party to

whom the liability was so incurred.

151. Duty to give information as to insurance. – (1) No person

against whom a claim is made in respect of any liability referred to in clause

(b) of sub-section (1) of section 147 shall on demand by or on behalf of the

person making the claim refuse to state whether or not he was insured in

respect of that liability by any policy issued under the provisions of this

Chapter, or would have been so insured if the insurer had not avoided or

cancelled the policy, nor shall he refuse, if he was or would have been so

insured, to give such particulars with respect to that policy as were specified

in the certificate of insurance issued in respect hereof.

(2) In the event of any person becoming insolvent or making a

composition or arrangement with his creditors or in the event of an order

being made for the administration of the estate of a deceased person according

to the law of insolvency, or in the event of a winding-up order being made or

a resolution for a voluntary winding-up being passed with respect to any

company or of a receiver or manager of the company’s business or undertaking

being duly appointed or of possession being taken by or on behalf of the

holders of any debentures secured by a floating charge on any property

comprised in or subject to the charge, it shall be the duty of the insolvent

debtor, personal representative of the deceased debtor or company, as the case

may be, or the official assignee or receiver in insolvency, trustee, liquidator,

receiver or manager, or person in possession of the property to give at the

180

request of any person claiming that the insolvent debtor, deceased debtor or

company is under such liability to him as is covered by the provision of

this Chapter, such information as may reasonably be required by him for the

purpose of ascertaining whether any rights have been transferred to an vested

in him by section 150, and for the purpose of enforcing such rights, if any;

and any such contract of insurance as purports whether directly or indirectly to

avoid the contract or to alter the rights of the parties thereunder upon the

giving of such information in the events aforesaid, or otherwise to prohibit or

prevent the giving thereof in the said events, shall be of no effect.

(3) If, from the information given to any person in pursuance of sub-

section (2) or otherwise, he has reasonable ground for supporting that there

have or may have been transferred to him under this Chapter rights against

any particular insurer, that insurer shall be subject to the same duty as is

imposed by the said sub-section on the persons therein mentioned.

(4) The duty to give the information imposed by this section shall

include a duty to allow all contracts of insurance, receipts for premiums, and

other relevant documents in the possession or power of the person on whom

the duty so imposed to be inspected and copies thereof to be taken.

Corresponding Law. – Section 151 corresponds to section 98 of the Motor

Vehicles Act, 1939.

Objects and Reasons. – Clause 151 prescribes that it is the duty of the

insured to give information relating to the insurance on demand by or on

behalf of the person making the claim for compensation.

152. Settlement between insurers and insured persons. – (1) No

settlement made by an insurer in respect of any claim which might be made

by a third party in respect of any liability of the nature referred to in clause

(b) of sub-section (1) of section 147 shall be valid unless such third party is a

party to the settlement.

(2) Where a person who is insured under a policy issued for the

purpose of this Chapter has become insolvent, or where, if such insured person

is a company, a winding-up order has been made or a resolution for a

181

voluntary winding-up has been passed with respect to the company, no

agreement made between the insurer and the insured person after the

liability has been incurred to a third party and after the commencement of the

insolvency or winding-up, as the case may be, nor any waiver, assignment or

other disposition made by or payment made to the insured person after the

commencement aforesaid shall be effective to defeat the rights transferred to

the third party under this Chapter, but those rights shall be the same as if no

such agreement, waiver, assignment or disposition or payment has been made.

Corresponding Law. - Section 152 corresponds to section 99 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 152 lays down that any settlement made

by the insurer in respect of any claim which may be made by the third party

will not be valid unless the third party is a party to the claim.

153. Saving in respect of section 150,151 and 152. – (1) For the

purposes of section 150,151 and 152 a reference to “liabilities to third parties”

in relation to a person insured under any policy of insurance shall not include

a reference to any liability of that person in the capacity of insurer under some

other policy of insurance.

(2) The provisions of section 150, 151 and 152 shall not apply where

a company is wound-up voluntarily merely for the purposes of reconstruction

or of an amalgamation with another company.

Corresponding Law. – Section 153 corresponds to section 100 of the

Motor Vehicles Act, 1939.

Objects and Reasons.

– Clause 153 lays down that the liability of the

insurer will be only in respect of that particular policy alone and not in

respect of any other policy of insurance.

154. Insolvency of insured persons not to affect liability of

insured or claims by third parties.

– Where a certificate of insurance has

been issued to the person by whom a policy has been effected, the happening

in relation to any person insured by the policy of any such event as is

mentioned in sub-section (1) or sub-section (2) of section 150 shall,

182

notwithstanding anything contained in this Chapter, not affect any liability of

that person of the nature referred to in clause (b) of sub-section (1) of

section 147; but nothing in this section shall affect any rights against the

insurer conferred under the provisions of section 150,151 and 152 on the

person to whom the liability was incurred.

Corresponding Law. – Section 154 corresponds to section 101 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 154 provides that the insolvency of the

insured will not affect the liability of the insured or affect the claims of third

parties or the rights against the insurer.

155. Effect of death on certain causes of action. – Notwithstanding

anything contained in section 306 of the Indian Succession Act, 1925 (39 of

1925) of the death of a person in whose favour a certificate of insurance had

been issued, if it occurs after the happening of an event which has given rise

to a claim under the provisions of this Chapter, shall not be a bar to the

survival of any cause of action arising out of the said event against his estate

or against the insurer.

Corresponding Law. – Section 155 corresponds to section 102 of the

Motor Vehicle Act, 1939.

Objects and Reasons. – Clause 155 makes it clear that in the event of the

death of the insured after the happening of an accident in which his motor

vehicle was involved, the right of third parties will not be barred against the

insured or his excise.

156. Effect of certificate of insurance. – When an insurer has issued

a certificate of insurance in respect of a contract of insurance between the

insurer and the insured person, then -

(a) if and so long as the policy described in the certificate has

not been issued by the insurer to the insured, the insurer shall, as between

himself and any other person except the insured, be deemed to have issued to

the insured person a policy of insurance conforming in all respects with the

description and particulars stated in such certificate; and

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(b) if the insurer has issued to the insured the policy described

in the certificate, but the actual terms of the policy are less favourable to

persons claiming under or by virtue of the policy against the insurer either

directly or through the insured than the particulars of the policy as stated in

the certificate, the policy shall, as between the insurer and any other person

except the insured, be deemed to be in terms conforming in all respects with

the particulars stated in the said certificate.

Corresponding Law. – Section 156 corresponds to section 103 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 156 provides that where the insurer has

issued a certificate of insurance, and the policy of insurance has not been

issued, then the policy to be issued be deemed to be in terms conforming in

all respects to the particulars mentioned in the certificate of insurance.

157. Trasnfer of certificate of insurance. – (1) Where a person in

whose favour the certificate of insurance has been issued in accordance with

the provisions of this Chapter transfer to another person the ownership of the

another vehicle in respect of which such insurance was taken together with the

policy of insurance relating thereto, the certificate of insurance and the policy

described in the certificate shall be deemed to have been transferred in favour

of the person to whom the motor vehicle is transferred with effect from the

date of its transfer.

92

[Explanation. – For the removal of doubts, it is hereby declared that

such deemed transfer shall include transfer of rights and liabilities of the said

certificate of insurance and policy of insurance.]

(2) The transferee shall apply within fourteen days from the date of

transfer in the prescribed form to the insurer for making necessary changes in

regard to the fact of transfer in the certificate of insurance and the policy

described in the certificate in his favour and the insurer shall make the

necessary changes in the certificate and the policy of insurance in regard to

the transfer of insurance.

92. Inserted by Act 54 of 1994, S. 48 (w.e.f. 14-11-1994)

184

Corresponding Law. – Section 157 corresponds to section 103-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 157 lays down that when the certificate

of registration is transferred from one person to another, then the policy of

insurance in respect of that vehicle is also deemed to have been transferred to

that other person from the date on which the ownership of the motor vehicle

stands transferred.

158. Production of certain certificates, licence and permit in

certain cases. –

(1) Any person driving a motor vehicle in any public place

shall, on being so required by a police officer in uniform authorised in this

behalf by the State Government, produce -

(a) the certificate of insurance;

(b) the certificate of registration;

(c) the driving licence; and

(d) in the case of a transport vehicle also the certificate of

fitness referred to in section 56 and the permit,

relating to the use of the vehicle.

(2) If, where owing to the presence of a motor vehicle in a public

place an accident occurs involving death or bodily injury to another person, the

driver of the vehicle does not at the time produce the certificate, driving

licence and permit referred to in sub-section (1) to a police officer, he shall

produce the said certificates, licence and permit at the police station at which

he makes the report required by section 134.

(3) No person shall be liable to conviction under sub-section (1) or

sub-section (2) by reason only of the failure to produce the certificate of

insurance if, within seven days from the date on which its production was

required under sub-section (1), or as the case may be, from the date of

occurrence of the accident, he produces the certificate at such police station as

may have been specified by him to the police officer who required its

production or, as the case may be, to the police officer at the site of the

185

accident or to the officer-in-charge of the police station at which he reported

the accident :

Provided that except to such extent and with such modifications as may

be prescribed, the provisions of this sub-section shall not apply to the driver of

a transport vehicle.

(4) The owner of a motor vehicle shall give such information as he

may be required by or on behalf of a police officer empowered in this behalf

by the State Government to give for the purpose of determining whether the

vehicle was or was not being driven in contravention of section 146 and on

any occasion when the driver was required under this section to produce his

certificate of insurance.

(5) In this section, the expression “produce his certificate of insurance”

means produce for examination the relevant certificate of insurance or such

other evidence as may be prescribed that the vehicle was not being driven in

contravention of section 146.

93

[(6) As soon as any information regarding any accident involving death

or bodily injury to any person is recorded or report under this section is

completed by a police officer, the officer-in-charge of the police station shall

forward a copy of the same within thirty days from the date of recording of

information or, as the case may be, on completion of such report to the

Claims Tribunal having jurisdiction and a copy thereof to the concerned

insurer, and where a copy is made available to the owner, he shall also within

thirty days of receipt of such report, forward the same to such Claims Tribunal

and insurer].

93. Sub.-S. (6) substituted by Act 54 of 1994, S.49 (w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (6) read as under :-

“(6) As soon as any information regarding any accident involving death or bodily

injury yo any person is recorded or a report under this section is completed by a police

officer, the officer-in-charge of the police station shall forward a copy of the same also to

the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer.”

186

Corresponding Law. - Section 158 corresponds to section 106 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 158 makes it compulsory on the part of

the driver of the vehicle involved in accident, to produce the certificate of

registration and insurance, the certificate of fitness and permit and driving

licence without delay. It also provides that the police officer who makes a

report of accident shall send a copy of the report to the Accident Claims

Tribunal.

159. Production of certificate of insurance on application

for authority to use vehicle.

– A State Government may make rules requiring

the owner of any motor vehicle when applying whether by payment of a tax or

otherwise for authority to use the vehicle in a public place to produce such

evidence as may be prescribed by those rules to the effect that either -

(a) on the date when the authority to use the vehicle comes

into operation there will be in force the necessary policy of insurance in

relation to the use of the vehicle by the applicant or by other persons on his

order or with his permission, or

(b) the vehicle is a vehicle to which section 146 does not

apply.

Corresponding Law. – Section 159 corresponds to section 107 of the

Motor Vehicle Act, 1939.

Objects and Reasons. – Clause 159 empowers the State Government to

make rules to require production of certificate of insurance of a motor vehicle

at the time of payment of taxes and in the case of transport vehicle to have a

valid certificate of insurance before the vehicle is put on public road after

obtaining a permit.

160. Duty to furnish particulars of vehicle involved in accident.

– A registering authority or the officer-in-charge of a police station shall, if so

required by a person who alleges that he is entitled to claim compensation in

respect of an accident arising out of the use of a motor vehicle, or if so

required by an insurer against whom a claim has been made in respect of any

187

motor vehicle, furnish to that person or to that insurer, as the case may be, on

payment of the prescribed fee any information at the disposal of the said

authority or the said police officer relating to the identification marks and other

particulars of the vehicle and the name and address of the person who was

using the vehicle at the time of the accident or was injured by it and the

property, if any, damaged in such form and within such time as the Central

Government may prescribe.

Corresponding Law. - Section 160 corresponds to section 109 of the

Motor Vehicles Act, 1939.

Objects and Reasons.- Clause 160 lays down that it is the duty of the

police officer registering accident case and the registering authority to furnish

to the person who alleges that he is entitled to claim compensation all such particulars

in such form and within such time as the Central Government may prescribe.

161. Special provisions as to compensation in case of hit and

run motor accident.

– (1) For the purposes of this section, section 162 and

section 163 -

(a) “grievous hurt” shall have the same meaning as in the

Indian Penal Code, 1860 (45 of 1860);

(b) “hit and run motor accident” means an accident arising out

of the use of a motor vehicle or motor vehicles the identity whereof cannot be

ascertained in spite of reasonable efforts for the purpose;

(c) “scheme” means the scheme framed under section 163.

(2) Notwithstanding anything contained in the General Insurance

Business (Nationalisation) Act, 1972 (57 of 1972) or any other law for the time

being in force or any instrument having the force of law, the General

Insurance Corporation of India formed under section 9 of the said Act and the

insurance companies for the time being carrying on general insurance business

in India shall provide for paying in accordance with the provisions of this Act

and the scheme, compensation in respect of the death of, or grievous hurt to,

persons resulting from hit and run motor accidents.

188

(3) Subject to the provisions of this Act and the scheme, there shall

be paid as compensation –

(a) in respect of the death of any person resulting from a hit

and run motor accident, a fixed sum of

94

[twenty-five thousand rupees];

(b) in respect of grievous hurt to any person resulting from a

hit and run motor accident, a fixed sum of

95

[twelve thousand and five

hundred rupees].

(4) The provisions of sub-section (1) of section 166 shall apply for

the purpose of making applications for compensation under this section as they

apply for the purpose of making applications for compensation referred to in

that sub-section.

Corresponding Law. – Section 161 corresponds to section 109 – A of the

Motor Vehicle Act, 1939.

Objects and Reasons. – Clause 161 provides for framing of a scheme by

the Central Government for the payment of compensation in “hit and run”

cases. It also lays down the amount of compensation in respect of the death

and also in respect of grievous hurt.

162. Refund in certain cases of compensation paid under section

161.

– (1) The payment of compensation in respect of the death of, or grievous

hurt to, any person under section 161 shall be subject to the condition that if

any compensation (hereafter in this sub-section referred to as the other

compensation) or other amount in lieu of or by way of satisfaction of a claim

for compensation is awarded or paid in respect of such death or grievous hurt

under any other provision of this Act or any other law or otherwise so much

of the other compensation or other amount aforesaid as is equal to the

compensation paid under section 161 shall be refunded to the insurer.

(2) Before awarding compensation in respect of an accident involving

the death of, or bodily injury to, any person arising out of the use of a motor

94. Substituted for “eight thousand and five hundred rupees” by Act 54 of 1994, S.50

(w.e.f. 14-11-1994).

95. Substituted, ibid, for “two thousand rupees” (w.e.f. 14-11-1994).

189

vehicle or motor vehicles under any provision of this Act (other than section

161) or any other law, the Tribunal Court or other authority awarding such

compensation shall verify as to whether in respect of such death or bodily

injury compensation has already been paid under section 161 or an application

for payment of compensation is pending under that section, and such Tribunal,

Court or other authority shall, -

(a) if compensation has already been paid under section 161,

direct the person liable to pay the compensation awarded by it to refund to the

insurer, so much thereof as is required to be refunded in accordance with the

provisions of sub-section (1);

(b) if an application for payment of compensation is pending

under section 161 forward the particulars as to the compensation awarded by it

to the insurer.

Explanation. – For the purpose of this sub-section, an application for

compensation under section 161 shall be deemed to be pending –

(i) if such application has been rejected, till the date of the

rejection of the application, and

(ii) in any other case, till the date of payment of compensation

in pursuance of the application.

Corresponding Law. - Section 162 corresponds to section 109-B of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 162 seeks to provide that when

compensation is awarded in a case where compensation under clause 161 has

already been paid then so much of the compensation paid as per clause 161

shall be refunded to the insurer.

163. Sceme for payment of compensation in case of hit and run

motor accidents. –

(1) The Central Government may, by notification in the

Official Gazette, make a scheme specifying, the manner in which the scheme

shall be administered by the General Insurance Corporation, the form, manner

and the time within which applications for compensation may be made, the

officers or authorities to whom such applications may be made, the procedure

190

to be followed by such officers or authorities for considering and passing

orders on such applications, and all other matters connected with, or

incidental to, the administration of the scheme and the payment of

compensation.

(2) A scheme made under sub-section (1) may provide that –

(a) a contravention of any provision thereof shall be punishable

with imprisonment for such term as may be specified but in no case exceeding

three months, or with fine which may extend to such amount as may be

specified but in no case exceeding five hundred rupees or with both;

(b) the powers, functions or duties conferred or imposed on any

officer or authority by such scheme may be delegated with the prior approval

in writing of the Central Government, by such officer or authority to any other

officer or authority;

(c) any provision of such scheme may operate with

retrospective effect from a date not earlier than the date of establishment of the

Solatium Fund under the Motor Vehicles Act, 1939 (4 of 1939) as it stood

immediately before the commencement of this Act.

Provided that no such retrospective effect shall be given so as to

prejudicially affect the interests of any person who may be governed by such

provision.

Corresponding Law. – Section 163 corresponds to section 109-C of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 163 empowers the Central Government to

makes scheme for payment of compensation in “hit and run” accident cases

detailing the procedure for making claim, the authorities to whom the claim

should be made, etc.

96

[163 – A. Special provisions as to payment of compensation on

structured formuala basis.

– (1) Notwithstanding anything contained in this

Act or in any other law for the time being in force or instrument having the

force of law, the owner of the motor vehicle of the authorised insurer shall be

liable to pay in the case of death or permanent disablement due to accident

191

96. Inserted by Act 54 of 1994, S. 51 (w.e.f. 14-11-1994).

arising out of the use of motor vehicle compensation, as indicated in the

Second Schedule, to the legal heirs or the victim, as the case may be.

Explanation. – For the purposes of this sub-section, “permanent disability”

shall have the same meaning and extent as in the Workmen’s Compensation

Act, 1923.

(2) In any claim for compensation under sub-section (1), the claimant

shall not be required to plead or establish that the death or permanent

disablement in respect of which the claim has been made was due to any

wrongful act or neglect or default of the owner of the vehicle or vehicles

concerned or of any other person.

(3) The Central Government may, keeping in view the cost of living

by notification in the Official Gazette, from time to time amend the Second

Schedule.]

Corresponding Law. – This is a new provision in the 1988 Act.

97

[163-B. Option to file claim in certain cases.

–

Where a person is

entitled to claim compensation under section 140 and section 163-A, he shall

file the claim under either of the said sections and not under both.]

Corresponding Law. – This is a new provision in the 1988 Act.

164. Power of Central Government to make rules. – (1) The

Central Government may make rules for the purpose of carrying into effect the

provisions of this Chapter, other than the matters specified in section 159.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide for –

(a) the forms to be used for the purposes of this Chapter;

(b) the making of applications for and the issue of certificates

of insurance;

(c) the issue of duplicates to replace certificates of insurance

lost, destroyed or mutilated;

(d) the custody, production, cancellation and surrender of

certificates of insurance;

192

97. Inserted by Act 54 of 1994, S. 51 (w.e.f. 14-11-1994).

(e) the records to be maintained by insurers of policies of

insurance issued under this Chapter;

(f) the identification by certificates or otherwise of persons or

vehicle exempted from the provisions of this Chapter;

(g) the furnishing of information respecting policies of insurance

by insurers;

(h) adopting the provisions of this Chapter to vehicles brought

into India by persons making only a temporary stay therein or to vehicles

registered in a reciprocating country and operating on any route or within any

area in India by applying those provisions with prescribed modifications;

(i) the form in which and the time limit within which the

particulars referred to in section 160 may be furnished; and

(j) any other matter which is to be, or may be, prescribed.

Corresponding Law. – Section 164 corresponds to section 111 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 164 confers upon the Central Government

the power to frame rules to implement the provisions of clause 60.

CHAPTER XII

CLAIMS TRIBUNALS

165. Claims Tribunals. – (1) A State Government may, by notification

in the Official Gazette, constitute one or more Motor Accidents Claims

Tribunals (hereafter in this Chapter referred to as Claim Tribunal) for such

area as may be specified in the notification for the purpose of adjudicating

upon claims for compensation in respect of accidents involving the death of, or

bodily injury to, persons arising out of the use of motor vehicles, or damages

to any property of a third party so arising, or both.

Explanation. – For the removal of doubts, it is hereby declared that the

expression “claims for compensation in respect of accidents involving the death

of or bodily injury to persons arising out of the use of motor vehicles”

includes claims for compensation under section 140

98

[and section 163-A].

193

98. Added by Act. 54 of 1994, S. 52 (w.e.f. 14-11-1994).

(2) A Claims Tribunal shall consist of such number of members

as the State Government may think fit to appoint and where it consists of two

or more members, one of them shall be appointed as the Chairman thereof.

(3) A person shall not be qualified for appointment as a member of a

Claims Tribunal unless he –

(a) is, or has been, a Judge of a High Court, or

(b) is, or has been, a District Judge, or

(c) is qualified for appointment as a High Court Judge

99

[or as a

District Judge.]

(4) Where two or more Claims Tribunals are constituted for any area,

the State Government, may by general or special order, regulate the

distribution of business among them.

Corresponding Law. – Section 165 corresponds to section 110 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 165 empowers the State Government to

constitute Claims Tribunals to adjudicate upon claims for compensation arising

out of motor vehicle accidents, resulting in death or bodily injury to persons

or damages to any property of third parties.

166. Application for compensation.

– (1) An application for

compensation arising out of an accident of the nature specified in sub-section

(1) of section 165 may be made –

(a) by the person who has sustained the injury; or

(b) by the owner of the property; or

(c) where death has resulted from the accident, by all or any

of the legal representatives of the deceased; or

(d) by any agent duly authorised by the person injured or all or

any of the legal representatives of the deceased, as the case may be :

Provided that where all the legal representatives of the deceased have

not joined in any such application for compensation, the application shall be

made on behalf of or for the benefit of all the legal representatives of the

194

99. Added, ibid (w.e.f. 14-11-1994).

deceased and the legal representatives who have not so joined, shall be

impleaded as respondents to the application.

1

[(2) Every application under sub - section (1) shall be made, at the

option of the claimant, either to the Claims Tribunal having jurisdiction over

the area in which the accident occurred or to the Claims Tribunal within the

local limits of whose jurisdiction the claimant resides, or carries on business or

within the local limits of whose jurisdiction the defendant resides and shall be in

such form and contain such particulars as may be prescribed :

Provided that where no claim for compensation under section 140 is

made in such application, the application shall contain a separate statement to

that effect immediately before the signature of the applicant.]

2

[***]

3

[(4) The Claims Tribunal shall treat any report of accidents forwarded

1. Sub.-S. (2) substituted by Act 54 of 1994, S.53 (w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (2) read as under:-

“(2) Every application under sub-section (1) shall be made to the Claims Tribunal having

jurisdiction over the area in which the accident occurred, and shall be in such form and shall

contain such particulars as may be prescribed :

Provided that where any claim for compensation under section 140 is made in such

application, the application shall contain a separate statement to that effect immediately before

the signature of the applicant.”

2. Sub-S. (3) omitted, ibid (w.e.f. 14-11-1994). Prior to its omission, sub-S.(3) read as

under :-

“(3) No application for such compensation shall be entertained unless it is made

within six months of the occurrence of the accident:

Provided that the Claims Tribunal may entertain the application after expiry of the said

period of six months but not later than twelve months, if it is satisfied that the applicant was

prevented by sufficient cause from making the application in time.”

3. Sub-S. (4) substituted by Act 54 of 1994, S. 53 (w.e.f. 14-11-1994). Prior its

substitution, sub-S. (4) read as under :-

“(4) Where a police officer has filed a copy of the report regarding an accident to a

Claims Tribunal under this Act, the Claims Tribunal may, if it thinks necessary so to do, treat

the report as if it were an application for compensation under this Act.”

195

to it under sub-section (6) of section 158 as an application for compensation

under this Act.]

Corresponding Law. – Section 166 corresponds to section 110-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 166 provides for the form of application

for compensation, the person who may claim compensation, the time within

which the application should be filed, etc. It also provides that if the Claims

Tribunal, think so, may treat the accident report filed by the Police Officer as

per clause 158 as an application under this Act.

167. Option regarding claims for compensation in certain cases. –

Notwithstanding anything contained in the Workmen’s Compensation Act, 1923

(8 of 1923) where the death of, or bodily injury to, any person gives rise to a

claim for compensation under this Act and also under the Workmen’s

Compensation Act, 1923, the person entitled to compensation may without

prejudice to the provisions of Chapter X claim such compensation under either

of those Acts but not under both.

Corresponding Law. – Section 167 corresponds to section 110-AA of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 167 lays down that when claim arises

under this Act and under the Workmen’s Compensation Act, the person entitled

to claim compensation may claim compensation only under either of these Acts

and not under both the Act.

168. Award of the Claims Tribunal.

– (1) On receipt of an

application for compensation made under section 166, the Claims Tribunal

shall, after giving notice of the application to the insurer and after giving the

parties (including the insurer) an opportunity of being heard, hold an inquiry

into the claim or, as the case may be, each of the claims and, subject to the

provisions of section 162 may make an award determining the amount of

compensation which appears to it to be just and specifying the person or

persons to whom compensation shall be paid and in making the award the

Claims Tribunal shall specify the amount which shall be paid by the insurer or

196

owner or driver of the vehicle involved in the accident or by all or any of

them, as the case may be :

Provided that where such application makes a claim for compensation

under section 140 in respect of the death or permanent disablement of any

person, such claim and any other claim (whether made in such application or

otherwise) for compensation in respect of such death or permanent disablement

shall be disposed of in accordance with the provisions of Chapter X.

(2) The Claim Tribunal shall arrange to deliver copies of the award

to the parties concerned expeditiously and in any case within a period of

fifteen days from the date of the award.

(3) When an award is made under this section, the person who is

required to pay any amount in terms of such award shall, within thirty days of

the date of announcing the award by the Claims Tribunal, deposit the entire

amount awarded in such manner as the Claims Tribunal may direct.

Corresponding Law. – Section 168 corresponds to section 110-B of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 168 provides that the Claims Tribunal

shall deliver the copies of the award to the parties within fifteen days of the

award and that the person against whom the award is made shall deposit the

amount awarded within thirty days of announcement of the award.

169. Procedure and powers of Claims Tribunals.

– (1) In holding

any inquiry under section 168, the Claims Tribunal may, subject to any rules

that may be made in this behalf, follow such summary procedures as it thinks

fit.

(2) The Claims Tribunal shall have all the powers of a Civil Court

for the purpose of taking evidence on oath and of enforcing the attendance of

witnesses and of compelling the discovery and production of documents and

material objects and for such other purposes as may be prescribed; and the

Claims Tribunal shall be deemed to be a Civil Court for all the purposes of

section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.

197

(3) Subject to any rules that may be made in this behalf, the Claims

Tribunal may, for the purpose of adjudicating upon any claim for

compensation, choose one or more persons possessing special knowledge of any

matter relevant to the inquiry to assist it in holding the inquiry.

Corresponding Law. – Sub – sections (1), (2) and (3) correspond to sub-

section (1), (2) and (3) respectively, of section 110 – C of the Motor Vehicles

Act, 1939.

Objects and Reasons. – Clause 169 lays down the procedure to be

followed by the Claims Tribunal in setting claims compensation and the powers

of the Claim Tribunals.

170. Impleading insurer in certain cases. – Where in the course of

any inquiry, the Claims Tribunal is satisfied that -

(a) there is collusion between the person making the claim and the

person against whom the claim is made, or

(b) the persons against whom the claim is made has failed to contest

the claim,

it may, for reasons to be recorded in writing, direct that the insurer who may

be liable in respect of such claim, shall be impleaded as a party to the

proceeding and the insurer so impleaded shall thereupon have, without

prejudice to the provisions contained in sub-section (2) of section 149, the right

to contest the claim on all or any of the grounds that are available to the

person against whom the claim has been made.

Corresponding Law. – Section 170 corresponds to section 110-C(2-A) of

the Motor Vehicles Act, 1939.

171. Award of interest where any claim is allowed. – Where any

Claims Tribunal allows a claim for compensation made under this Act, such

Tribunal may direct that in addition to the amount of compensation simple

interest shall also be paid at such rate and from such date not earlier than the

date of making the claim as it may specify in this behalf.

Corresponding Law. – Section 171 corresponds to section 110-CC of the

Motor Vehicles Act, 1939.

198

Objects and Reasons. – Clause 170 empowers the Claims Tribunal to

order that simple interest at such rates as it thinks fit shall also be paid

alongwith the award of compensation.

172. Award of compensatory costs in certain cases. – (1) Any

Claims Tribunal adjudicating upon any claim for compensation under this Act,

may in any case where it is satisfied for reasons to be recorded by it in

writing that -

(a) the policy of insurance is void on the ground that it was obtained

by representation of fact which was false in any material particular, or

(b) any party or insurer has put forward a false or vexatious claim

or defence

such Tribunal may make an order for the payment, by the party who is guilty of mis-

representation or by whom such claim or defence has been put forward of special

costs by way of compensation to the insurer or, as the case may be, to the party

against whom such claim or defence has been put forward.

(2) No Claims Tribunal Shall pass an order for special costs under sub-

section (1) for any amount exceeding one thousand rupees.

(3) No person or insurer against whom an order has been made under this

section shall, by reason thereof be exempted from any criminal liability in respect of

such mis-representation, claim or defence as is referred to in sub-section (1).

(4) Any amount awarded by way of compensation under this section

in respect of any mis-representation, claim or defence, shall be taken into

account in any subsequent suit for damages for compensation in respect of

such mis-representation, claim or defence.

Corresponding Law. – Section 172 corresponds to section 110-CCC of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 171 seeks to empower the Claims

Tribunals to award special compensatory costs where in certain cases it is

found that there has been mis-representation of case or vexatious to claims or

defence.

199

173. Appeals. – (1) Subject to the provisions of sub-section (2), any

person aggrieved by an award of a Claims Tribunal may, within ninety

days from the date of the award, prefer an appeal to the High Court :

Provided that no appeal by the person who is required to pay any

amount in terms of such award shall be entertained by the High Court, unless

he has deposited with it twenty-five thousand rupees of fifty per cent, of the

amount so awarded, whichever is less, in the manner directed by the High

Court :

Provided further that the High Court may entertain the appeal after the

expiry of the said period of ninety days, if it is satisfied that the appellant

was prevented by sufficient cause from preferring the appeal in time.

(2) No appeal shall lie against any award of a Claims Tribunal if the

amount in dispute in the appeal is less than ten thousand rupees.

Corresponding Law. - Section 173 corresponds to section 110-D of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 172 makes provision for appeal to High

Court by the aggrieved against the orders of Claim Tribunal and where the

person aggrieved is the person who has to pay the compensation such person

shall deposit 50 percent of the amount awarded as directed by the High Court.

174. Recovery of money from insurer as arrear of land revenue.

- Where any amount is due from any person under an award, the Claim

Tribunal may, on an application made to it by the person entitled to the

amount, issue a certificate for the amount to the Collector and the Collector

shall proceed to recover the same in the same manner as an arrear of land

revenue.

Corresponding Law.

– Section 174 corresponds to section 110-E of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 173 lays down that any money due from

any person under an award by the Claim Tribunal may be recovered by the

Collector as arrears of land revenue.

200

175. Bar on jurisdiction of Civil Courts. – Where any Claims

Tribunal has been constituted for any area, no Civil Court shall have

jurisdiction to entertain any question relating to any claim for compensation

which may be adjudicated upon by the Claim Tribunal for that area, and no

injunction in respect of any action taken or to be taken by or before the

Claims Tribunal in respect of the claim for compensation shall be granted by

the Civil Court.

Corresponding Law. - Section 175 corresponds to section 110-F of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 174 bars the jurisdiction of Civil Courts

where any Claims Tribunal has been constituted.

176. Power of State Government to make rules. – A State

Government may make rules for the purpose of carrying into effect the

provisions of sections 165 to 174, and in particular, such rules may provide

for all or any of the following matters, namely :-

(a) the form of application for claims for compensation and the

particulars it may contain, and the fees, if any, to be paid in respect of such

applications;

(b) the procedure to be followed by a Claims Tribunal in

holding an inquiry under this Chapter;

(c) the powers vested in a Civil Court which may be exercised

by a Claims Tribunal;

(d) the form and the manner in which and the fees (if any) on

payment of which an appeal may be preferred against an award of a Claims

Tribunal; and

(e) any other matter which is to be, or may be, prescribed.

Corresponding Law. – Section 176 corresponds to section 111-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 176 confers upon the State Government to

make rules for carrying into effect provisions of clauses 165 to 173.

201

CHAPTER XIII

OFFENCES, PENALTIES AND PROCEDURE

177. General provision for epunishment of offences. – Whoever

contravenes any provision of this Act or of any rule, regulation or notification

made thereunder shall, if no penalty is provided for the offence, be epunishable

for the first offence, with fine which may extend to one hundred rupees, and

for any second or subsequent offence with fine which may extend to three

hundred rupees.

Corresponding Law. – Section 177 corresponds to section 112 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 177 provides for a general provision for

epunishment of offences.

178. Penalty for travelling without pass or ticket and for

dereliction of duty on the part of conductor and refusal to ply

contract carriage, etc

- (1) Whoever travels in a stage carriage without

having a proper pass or ticket with him or being in or having alighted from a

stage carriage fails or refuses to present for examination or to deliver up his

pass or ticket immediately on a requisition being made therefore, shall be

epunishable with fine which may extend to five hundred rupees.

Explanation. – In this section, “pass” and “ticket” have the meanings

respectively assigned to them in section 124.

(2) If the conductor of a stage carriage, or the driver of a stage

carriage performing the functions of a conductor in such stage carriage, whose

duty is –

(a) to supply a ticket to a person travelling in a stage carriage on

payment of fare by such person, either wilfully or negligently, -

(i) fails or refuses to accept the fare when tendered, or

(ii) fails or refuses to supply a ticket, or

(iii)supplies an invalid ticket, or

(iv) supplies a ticket of a lesser value, or

202

(b) to check any pass or ticket, either wilfully or negligently fails

or refuses to do so,

he shall be punishable with fine which may extend to five hundred rupees.

(3) If the holder of a permit or the driver of a contract carriage

refuses, in contravention of the provisions of this Act or rules made

thereunder, to ply the contract carriage or to carry the passengers, he shall, -

(a) in the case of two-wheeled or three-wheeled motor vehicles, be

epunishable with fine which may extend to fifty rupees; and

(b) in any other case, be punishable with fine which may extend

to two hundred rupees.

Corresponding Law. – Section 178 corresponds to section 112 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 178 provides for penalty for travelling

without ticket or pass by a passenger and also for penalty for the conductor

and operator of a contract carriage permit for dereliction of his duties.

179. Disobedience of orders, obstruction and refusal of

information.

– (1) Whoever wilfully disobeys any direction lawfully given by

any person or authority empowered under this Act to give such direction, or

obstructs any person or authority in the discharge of any functions which such

person or authority is required or empowered under this Act to discharge,

shall, if no other penalty is provided for the offence, be punishable with fine

which may extend to five hundred rupees.

(2) Whoever, being required by or under this Act to supply any

information, wilfully withholds such information or gives information which he

knows to be false or which he does not believe to be true, shall, if no other

penalty is provided for the offence, be epunishable with imprisonment for a term

which may extent to one month or with fine which may extend to five hundred

rupees or with both.

Corresponding Law. – Section 179 corresponds to section 113 of the

Motor Vehicle Act, 1939.

203

Objects and Reasons. – Clause 179 provides for penalties for disobedience

of orders given by persons authorised to give such instruction and refusal

to give information and for causing obstruction.

180. Allowing unauthorised persons to drive vehicles. – Whoever,

being the owner or person in charge of a motor vehicle, causes or permits,

any other person who does not satisfy the provisions of section 3 or section 4

to drive the vehicle shall be punishable with imprisonment for a term which

may extend to three months, or with fine which may extend to one thousand

rupees, or with both.

Corresponding Law. – Section 180 corresponds to section 113 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 180 provides penalty both for the owner

and person in charge of the vehicle for allowing unauthorised persons to drive

the vehicle.

181. Driving vehicles in contravention of section 3 or section 4. -

Whoever drives a motor vehicle in contravention of section 3 or section 4 shall

be epunishable with imprisonment for a term which may extend to three

months, or with fine which may extend to five hundred rupees, or with both.

Corresponding Law.

–

Section 181 corresponds to section 113 – B of the

Motor Vehicle Act, 1939.

Objects and Reasons. – Clause 181 prescribes penalty of imprisonment or

fine or with both for persons driving a motor vehicle without a driving licence

or when he has not attained the requirement age to drive a motor vehicle.

182. Offences relating to licences. – (1) Whoever, being disqualified

under this Act for holding or obtaining a driving licence, drives a motor

vehicle in a public place or in any other place, or applies for or obtains a

driving licence or, not being entitled to have a driving licence issued to him

free of endorsement, applies for or obtains a driving licence without disclosing

the endorsement made on a driving licence previously held by him shall be

punishable with imprisonment for a term which may extend to three months,

204

or with fine which may extend to five hundred rupees or with both, and any

driving licence so obtained by him shall be of no effect.

(2) Whoever, being disqualified under this Act for holding or obtaining

a conductor’s licence, acts as a conductor of a stage carriage in a public place

or applies for or obtains a conductor’s licence or, not being entitled to have a

conductor’s licence issued to him free of endorsement, applies for or obtains a

conductor’s licene without disclosing the endorsements made on a conductor’s

licence previously held by him, shall be epunishable with imprisonment for a

term which may extend to one month, or with fine which may extend to one

hundred rupees, or with both, and any conductor’s licence so obtained by him

shall be of no effect.

Corresponding Law. – Section 182 corresponds to section 114 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 182 lays down that driving a motor

vehicle during disqualified period or driving while in possession of a driving

licence obtained by misrepresentation is epunishable with imprisonment or with

fine or with both.

4

[182-A. epunishment for offences relating to construction and

maintenance of vehicles. –

Any person who contravenes the provisions of

sub-section (3) of section 109, shall be punishable with a fine of one thousand

rupees for the first offence, and with a fine of five thousand rupees for any

subsequent offence.]

Corresponding Law. – This is a new provision in the 1988 Act.

183. Driving at excessive speed, etc. – (1) Whoever drives a motor

vehicle in contravention of the speed limits referred to in section 112 shall be

epunishable with fine which may extend to four hundred rupees, or, if having

been previously convicted of an offence under this sub-section is again

convicted of an offence under this sub-section, with fine which may extend to

one thousand rupees.

(2) Whoever causes any person who is employed by him or is subject

4. Inserted by Act 54 of 1994, S. 54 (w.e.f. 14-11-1994).

205

to his control in driving to drive a motor vehicle in contravention of the speed

limits referred to in section 112 shall be punishable with fine which may

extend to three hundred rupees, or, if having been previously convicted of an

offence under this sub-section, is again convicted of an offence under this sub-

section, with fine which may extend to five hundred rupees.

(3) No person shall be convicted of an offence epunishable under sub-

section (1) solely on the evidence of one witness to the effect that in the

opinion of the witness such person was driving at a speed which was

unlawful, unless that opinion is shown to be based on an estimate obtained by

the use of some mechanical device.

(4) The publication of a time table under which, or the giving of any

direction that any journey or part of journey is to be completed within a

specified time shall, if in the opinion of the Court it is not practicable in the

circumstances of the case for that journey or part of a journey to be

completed in the specified time without contravening the speed limits referred

to in section 112 be prima facie evidence that the person who published the

time table or gave the direction has committed an offence epunishable under

sub-section (2).

Corresponding Law. – Section 183 corresponds to section 115 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 183 provides that whoever drives a motor

vehicle at a speed exceeding the limit prescribed for such vehicle is epunishable

with fine.

184. Driving dangerously – Whoever drives a motor vehicle at a speed

or in a manner which is dangerous to the public, having regard to all the

circumstances of the case including the nature, condition and use of the place

where the vehicle is driven and the amount of traffic which actually is at the

time or which might reasonably be expected to be in the place, shall be

epunishable for the first offence with imprisonment for a term which may extend

to six months or with fine which may extend to one thousand rupees, and for

any second or subsequent offence with imprisonment for a term which may

206

extend to two years, or with fine which may extend to two thousand rupees,

or with both.

Corresponding Law. – Section 184 corresponds to section 116 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 184 provides for punishment for driving

recklessly and dangerously.

185. Driving by a drunken person or by a person under the

influence of drugs.

– Whoever, while driving, or attempting to drive, a motor

vehicle -

5

[(a) has, in his blood, alcohol exceeding 30 mg. Per 100 ml. of

blood detected in a test by a breath analyser, or ]

(b) is under the influence of a drug to such an extent as to be

incapable of exercising proper control over the vehicle.

shall be punishable for the first offence with imprisonment for a term which

may extend to six months, or with fine which may extend to two thousand

rupees, or with both; and for a second or subsequent offence, if committed

within three years of the commission of the previous similar offence, with

imprisonment for a term which may extend to two year, or with fine which

may extend to three thousand rupees, or with both.

Explanation – For the purposes of this section, the drug or drugs

specified by the Central Government in this behalf, by notification in the

Official Gazette, shall be deemed to render a person incapable of exercising

proper control over a motor vehicle.

Corresponding Law. - Section 185 corresponds to section 117 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 185 provides for punishment or driving

under the influence of drink or drug

5. Cl. (a) substituted by Act 54 of 1994, S. 55 (w.e.f. 14-11-1994). Prior to its

substitution, Cl. (a) read as under :-

“(a) has, in his blood, alcohol in any quantity, howsoever small the quantity may

be, or”

207

186. Driving when mentally or physically unfit to drive- Whoever

drives a motor vehicle in any public place when he is to his knowledge vehicle to

be a source of danger to the public, shall be punishable for the first offence with fine

which may extend to two hundred rupees and for a second or subsequent offence with

fine which may extent to five Hundred rupees.

Corresponding Law.

- Section 186 corresponds to section 118 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 186 provides for penalty for driving a

motor vehicle when the driver is mentally or physically unfit to drive.

187. epunishment for offeence relating to accident. – Whoever fails

to comply with the provisions of clause (c) of sub-section (1) of section 132

or of section 133 or section 134 shall be epunishable with imprisonment for a

term which may extend to three months, or with fine which may extend to

five hundred rupees, or with both or, if having been previously convicted of

an offence under this section, he is again convicted of an offence under this

section, with imprisonment for a term which may extend to six months, or

with fine which may extend to one thousand rupees, or with both.

Corresponding Law. – Section 187 corresponds to section 118-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 187 provides for punishments relating to

accidents which may be imprisonment or fine or both.

188. epunishment for abetment of certain offences. – Whoever abets

the commission of an offence under section 184 or section 185 or section 186

shall be epunishable with the punishment provided for the offence.

Corresponding Law. – Section 188 corresponds to section 119 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 188 makes provision for abetment of

certain offences.

189. Racing and trials of speed.

– Whoever without the written

consent of the State Government permits or takes part in a race or trial of

speed of any kind between motor vehicles in any public place shall be

208

epunishable with imprisonment for a term which may extend to one month, or

with a fine which may extend to five hundred rupees, or with both.

Corresponding Law. – Section 189 corresponds to section 120 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 189 provides for epunishment for offences

of racing or trial of speed of any kind.

190. Using vehicle in unsafe condition. – (1) Any person who drives

or causes or allows to be driven in any public place a motor vehicle or trailer while

the vehicle or trailer has any defect, which such person knows of or could have

discovered by the exercise of ordinary care and which is calculated to render the

driving of the vehicle a source of danger to persons and vehicles using such place,

shall be epunishable with fine which may extend to two hundred and fifty rupees

or, if as a result of such defect an accident is caused causing bodily injury or

damage to property, with imprisonment for a term which may extend to three

months, or with fine which may extend to one thousand rupees, or with both.

(2) Any person who drives or causes or allows to be driven, in any public

place a motor vehicle, which violates the standard prescribed in relation to road safety,

control of nose and air-pollution, shall be punishable for the first offence with a fine of

one thousand rupees and for any second or subsequent offence with a fine of two

thousand rupees.

(3) Any persons who drives or causes or allows to be driven, in any

public place a motor vehicle which violates the provisions of this Act or the

rules made thereunder relating to the carriage of goods which are of dangerous

or hazardous nature to human life, shall be epunishable for the first offence

which may extend to three thousand rupees, or with imprisonment for a term

which may extend to one year, or with both, and for any second or

subsequent offence with fine which may extend to five thousand rupees, or

with imprisonment for a term which may extend to three years, or with both.

Corresponding Law. – Section 190 corresponds to section 121 of the

Motor Vehicles Act, 1939.

209

Objects and Reasons. – Clause 190 provides for penalty for persons

driving and person permitting to drive a motor vehicle which is in an

unsafe condition. It also provides for penalty for driving a motor vehicle

which

violates the standards prescribed for safety, control of noise and air pollution.

191. Sale of vehicle in or alteration of vehicle to condition

contravening this Act.

– Whoever being an importer of or dealer in motor

vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer

in such condition that the use thereof in a public place would be in

contravention of Chapter VII or any rule made thereunder or alters the motor

vehicle or trailer so as to render its condition such that its use in public place

would be in contravention of Chapter VII or any rule made thereunder shall be

epunishable with fine which may extend to five hundred rupees :

Provided that no person shall be convicted under this section if he proves that

he had reasonable cause to believe that the vehicle would not be used in a public

place until it had been put into a condition in which it might lawfully be so used.

Corresponding Law. – Section 191 corresponds to section 122 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 191 lays down that whoever sells a vehicle

or alters a vehicle in contravention of the provisions of Chapter VII is epunishable.

6

[192. Using vehicle without registration. – (1) Whoever drives a

motor vehicle or causes or allows a motor vehicle to be used in contravention

of the provisions of section 39 shall be punishable for the first offence with a

fine which may extend to five thousand rupees but shall not be less than two

thousand rupees for a second or subsequent offence with imprisonment which

may extend to one year or with fine which may extend to ten thousand rupees

but shall not be less than five thousand rupees or with both :

Provided that the Court may, for reasons to be recorded, impose a lesser

epunishment.

Nothing in this section shall apply to the use of a motor vehicle in an

emergency for the conveyance of persons suffering from sickness or injuries of for

210

6. S. 192 substituted by Act 54 of 1994, S. 56 (w.e.f. 14-11-1994). Prior to its substitution,

S. 192 read as under :-

“192. Using vehicle without registration or permit. – (1) Whoever drives a motor

vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of

section 39 or without the permit required by sub-section (1) of section 66 or in contravention

of any condition of such permit relating to the route on which or the area in which or the

purpose for which the vehicle may be used or to the maximum number of passengers and

maximum weight of luggage that may be carried on the vehicle, shall be punishable for the

first offence with fine which may extend to two thousand rupees and for any second or

subsequent offence with imprisonment which may extend to six months or with fine which

may extend to three thousand rupees, or with both.

(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the

conveyance of persons suffering from sickness or injury or for the transport of materials for repair or

for the transport of food or materials to relieve distress or of medical supplies for a like purpose :

Provided that the person using the vehicle reports such use the to the Regional

Transport Authority within seven days from such use.

(3) Where a person is convicted of an offence under this section the Court by which such

person is convicted may, in addition to any sentence which may be passed under sub-section (1) by

order –

(a) if the vehicle used in the commission of the offence is a motor car, suspend

its certificate of registration for a period not exceeding four months.

(b) if the vehicle used in the commission of the offence is a transport vehicle,

suspend its permit for a period not exceeding six months or cancel it.

(4) The Court to which an appeal lies from any conviction in respect of an offence

of the nature specified in sub-section (1) may set aside or vary any order of suspension or

cancellation made under sub-section (3) by the Court below and the Court, to which appeals

ordinarily lie from the Court below, may set aside or vary any such order of suspension or

cancellation made by the Court below, notwithstanding that no appeal lies against the

conviction in connection with which such order was made.”

(2) the transport of food or materials to relieve distress of medical supplies

for a like purpose :

Provides that the persons using the vehicle reports about the same to the

Regional Transport Authority within seven days from the date of such use.

(3) The Court to which an appeal lies from any conviction in respect

of an offence of the nature specified in sub-section (1), may set aside or vary

211

any order made by the Court below, notwithstanding that no appeal lies against

the conviction in connection with which such order was made.

Corresponding Law. – Section 192 corresponds to section 123 of the

Motor Vehicles Act, 1939.

192-A. Using vehicles without permit. – (1) Whoever drives a motor

vehicle or causes or allow a motor vehicle to be used in contravention of the

provisions of sub-section (1) of section 66 or in contravention of any condition

of a permit relating to the route on which or the area in which or the purpose

for which the vehicle may be used, shall be epunishable for the first offence

with a fine which may extend to five thousand rupees but shall not be less

than two thousand rupees and for any subsequent offence with imprisonment

which may extend to one year but shall not be less than three months or with

fine which may extend to ten thousand rupees but shall not be less than five

thousand rupees or with both :

Provided that the Court may for reasons to be recorded, impose a lesser

epunishment.

(2) Nothing in this section shall apply to the use of a motor vehicle

in an emergency for the conveyance of persons suffering from sickness or

injury or for the transport of materials for repair or for the transport of food

or materials to relieve distress or of medical supplies for a like purpose :

Provided that the person using the vehicle reports about the same to the

Regional Transport Authority within seven days from the date of such use.

(3) The Court to which an appeal lies from any conviction in respect

of an offence of the nature specified in sub-section (1), may set aside or vary

any order, made by the Court below, notwithstanding that no appeal lies

against the conviction in connection with which such order was made].

Corresponding Law. – Section 192-A corresponds to section 123 of the

Motor Vehicles Act, 1939.

193. epunishment of agents and canvassers without proper

authority.

– Whoever engages himself as an agent or canvasser in

contravention of the provisions of section 93 or of any rules made thereunder

212

shall be punishable for the first offence with fine which may extend to one

thousand rupees and for any second or subsequent offence with

imprisonment which may extend to six months, or with fine which may extend

to two thousand rupees, or with both.

Corresponding Law. – Section 193 corresponds to section 123-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 193 lays down that persons acting as Goods

Booking Agents or Travel Agents without a proper licence are epunishable.

194. Driving vehicle exceeding permissible weight. –

7

[(1) Whoever

drives a motor vehicle or causes or allows a motor vehicle to be driven in

contravention of the provisions of section 113 or section 114 or section 115

shall be epunishable with minimum fine of two thousand rupees and an

additional amount of one thousand rupees per tonne of excess load, together

with the liability to pay charges for off-loading of the excess load].

(2) Any driver of a vehicle who refuses to stop and submit his

vehicle to weighing after being directed to do so by an officer authorised in

this behalf under section 114 or removes or causes the removal of the load or

part of it prior to weighing shall be epunishable with fine which may extend to

three thousand rupees.

Corresponding Law. – Section 194 corresponds to section 124 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 194 lays down that driving any

overloaded vehicle is epunishable and that refusal to stop the vehicle and submit

to weighment is also epunishable with fine.

7. Sub-S. (1) substituted by act 54 of 1994, S.57 (w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (1) read as under :-

“(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in

contravention of the provisions of section 113 or of the conditions prescribed under that section or

in contravention of any prohibition or restriction imposed under section 113 or section 115 shall

be epunishable for the first offence with fine which may extend to two thousand rupees, and

for any second or subsequent offence with fine which may extend to five thousand rupees.”

213

195. Imposition of minimum fine under certain circumstances. –

(1) Whoever having been convicted of an offence under this Act or the

rules made thereunder commits a similar offence on a second or subsequent

occasion within three years of the commission of the previous offence, no

Court shall, except for reasons to be recorded by it in writing, impose on him

a fine of less than one-fourth of the maximum amount of the fine imposable

for such offence.

(2) Nothing in sub-section (1) shall be construed as restricting the

power of the Court from awarding such imprisonment as it considers necessary

in the circumstances of the case not exceeding the maximum specified in this

Act in respect of that offence.

Corresponding Law. – Section 195 corresponds to section 124-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 195 speaks of imposition of minimum

fine in certain cases.

196. Driving uninsured vehicle- Whoever drives a motor vehicle or causes

or allows a motor vehicle to be driven in contravention of the provisions of section

146 shall be epunishable with imprisonment which may extend to three months, or with

fine which may extend to one thousand rupees, or with both.

Corresponding Law- Section 196 corresponds to section 125 of the Motor

Vehicles Act, 1939

Objection and Reasons- Clause 196 lays down that driving a motor vehicle

and allowing a motor vehicle to be driven without a valid insurance is epunishable with

imprisonment or with fine or with both.

197. Taking vehicle without authority. – (1) Whoever takes and

drives away any motor vehicle without having either the consent of the owner

thereof or other lawful authority shall be epunishable with imprisonment which

may extend to three months, or with fine which may extend to five hundred

rupees, or with both :

Provided that no person shall be convicted under this section, if the

Court is satisfied that such person acted in the reasonable belief that he had

214

lawful authority or in the reasonable belief that the owner would in the

circumstances of the case have given his consent if he had been asked

therefor.

(2) Whoever, unlawfully by force or threat of force or by any other

form of intimidation, seizes or exercise control of a motor vehicle, shall be

punishable with imprisonment which may extend to three months, or with fine

which may extend to five hundred rupees, or with both.

(3) Whoever attempts to commit any of the acts referred to in sub-

section (1) or sub-section (2) in relation to any motor vehicle, or abets the

commission of any such act, shall also be deemed to have committed an

offence under sub-section (1) or, as the case may be, sub-section (2).

Corresponding Law. – Section 197 corresponds to section 126 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 197 provides for a penalty of

imprisonment or fine o r with both for the offence of taking away a motor

vehicle without authority or by force or by other forms of intimidation.

198. Unauthorised interference with vehicle.

- Whoever otherwise

than with lawful authority or reasonable excuse enters or moves any stationary

motor vehicle or tampers with the brake or any part of the mechanism of a

motor vehicle shall be punishable with fine which may extend to one hundred

rupees.

Corresponding Law. – Section 198 corresponds to section 127 of the

Motor Vehicles Act, 1939.

Objects and Reasons.

- Clause 198 provides for epunishment of fine for

tampering with a stationery vehicle.

199. Offences by companies. – (1) Where an offence under this Act

has been committed by a company, every person who, at the time the offence

was committed, was in charge of, and was responsible to, the company for the

conduct of the business of the company, as well as the company, shall be

deemed to be guilty of the contravention and shall be liable to be proceeded

against and epunished accordingly :

215

Provided that nothing in this sub-section shall render any such person

liable to any punishment provided in this Act, if he proves that the

offence was committed without his knowledge or that he exercised all due

diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act has been committed by a company, and it is proved that

the offence was committed with the consent or connivance of, or is attributable

to any neglect on the part of any director, manger, secretary or other officer of

the company, such director, manger, secretary or other officer shall also be

deemed to be guilty of that offence and shall be liable to be proceeded against

and epunished accordingly.

Explanation. – For the purposes of this section –

(a) “company” mans any body corporate and includes a firm or

other association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

Corresponding Law. – Section 199 corresponds to section 127 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 199 lays down that where the

contravention is committed by a company then the person who was in charge

and was responsible to the company shall be liable for the epunishment.

200. Composition of certain offences.

– (1) Any offence whether

committed before or after the commencement of this Act epunishable under

section 177, section 178, section 179, section 180, section 181, section 182, sub-

section (1) or sub-section (2) of section 183, section 184, section 186,

8

[section 189,

sub-section (2) of section 190,] section 191, section 192, section 194, section 196,

or section 198, may either before or after the institution of the prosecution, be

compounded by such officers or authorities and for such amount as the State

Government may, by notification in the Official Gazette, specify in this behalf.

(2) Where an offence has been compounded under sub-section (1), the

offender, if in custody, shall be discharged and no further proceedings shall be

8. Substituted for “section 189” by Act 54 of 1994, S. 58 (w.e.f. 14-11-1994).

216

taken against him in respect of such offence.

Corresponding Law. – Section 200 corresponds to section 127-B of

the Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 200 provides for compounding of certain

offences under this Chapter by officers authorised by the State Government for

such amount as may be specified by the State Government.

201. Penalty for causing obstruction to free flow of traffic. – (1)

Whoever keeps a disabled vehicle on any public place, in such a manner, so

as to cause impediment to the free flow of traffic, shall be liable for penalty

up to fifty rupees per hour, so long as it remains in that position :

Provided that the vehicle involved in accidents shall be liable for penalty

only from the time of completion of inspection formalities under the law :

9

[Provided further that where the vehicle is removed by a Government

agency, towing charges shall be recovered from the vehicle owner or person

in-charge of such vehicle.]

10

[(2) Penalties or towing charges under this section shall be recovered

by such officer or authority as the State Government may, by notification in

the Official Gazette, authorise.]

Corresponding Law- This is a new provision in the 1988 Act.

Objects and Reasons- Clause 201 lays down penalty for keeping a disabled

vehicle on public road causing impediment to the free flow of traffic.

202. Power to arrest without warrant. – (1) A police officer in

uniform may arrest without warrant any person who in his presence commits

an offence epunishable under section 184 or section 185 or section 197 :

9. Inserted by Act 54 of 1994, S. 59 (w.e.f. 14-11-1994).

10. Sub.-S. (2) substituted, ibid (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (2) read

as under :-

“(2)The penalties under this section shall be recoverable by the prescribed officers or

authorities.”

217

Provided that any person so arrested in connection with an offence

epunishable under section 185 shall, within two hours of his arrest, be

subjected to a medical examination referred to in sections 203 and 204 by a

registered medical practitioner failing which he shall be released from custody.

11

[(2) A police officer in uniform may arrest without warrant any person, who

has committed an offence under this Act, if such person refuses to give his name and

address.’

(3) A police officer arresting without warrant the driver of a motor

vehicle shall if the circumstances so require take or cause to be taken any

steps he may consider proper for the temporary disposal of the vehicle.

Corresponding Law. – Section 202 corresponds to section 128 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 202 confers upon Police Officers the

power to arrest without warrant persons committing certain serious offences

such as drunken driving, taking vehicle without authority, etc.

203. Breath tests. –

12

[(1) A police officer in uniform or an officer of

the Motor Vehicle Department as may be authorised in this behalf by that

Department, may require any person driving or attempting to drive a motor

vehicle in a public place to provide one or more specimens of breath for

breath test there or nearby, if such police officer or officer has any reasonable

cause to suspect him to having committed an offence under section 185:

Provided that requirement for breath test shall be made (unless it is

made) as soon as reasonably practicable after the commission of such offence.]

11. Sub-S. (2) substituted by Act 54 of 1994, S. 60 (w.e.f. 14-11-1994). Prior to its

substitution, sub-S. (2) read as under :-

“(2) A police officer in uniform may arrest without warrant :-

(a) any person who being required under the provisions of this Act to give his name and

address refuses to do so, or gives a name or address which the police officer has reason to believe to

be false, or

(b) any person concerned in an offence under this Act or reasonably suspected to

have been so concerned, if the police officer has reason to believe that he will abscond or

otherwise avoid the service of a summons."

218

(2) If a motor vehicle is involved in an accident in a public place and a

police officer in uniform has any reasonable cause to suspect that the

person who was driving the motor vehicle at the time of the accident had

alcohol in his blood or that he was driving under the influence of a drug

referred to in section 185 he may require the person so driving the motor

vehicle, to provide a specimen of his breath for a breath test –

(a) in the case of a person who is at a hospital as an indoor

patient, at the hospital,

(b) in the case of any other person, either at or near the place

where the requirement is made, or, if the police officer thinks fit, at a police

station specified by the police officer :

Provided that a person shall not be required to provide such a specimen

while at a hospital as an indoor patient if the registered medical practitioner in

immediate charge of his case is not first notified of the proposal to make the

requirement or object to the provision of a specimen on the ground that its

provision or the requirement to provide it would be prejudicial to the proper

care or treatment of the patient.

(2) If it appears to a police officer in uniform, in consequence of a

breath test carried out by him on any person under sub-section (1) or sub-

section (2), that the device by means of which the test has been carried out

indicates the presence of alcohol in the person’s blood, the police officer may

arrest that person without warrant except while that person is at a hospital as

an indoor patient.

12. Sub-S. (1) substituted by S.61, ibid (w.e.f. 14-11-1994). Prior its substitution, sub-S. (1)

read as under :-

“(1) A police officer in uniform may require any person driving or attempting to drive a motor

vehicle in a public place to provide one or more specimen of breath for breath test there or nearby, if

the police officer has any reasonable cause to suspect him of having committed an offence epunishable

under section 185.

Provided that no requirement for breath test shall be made unless it is made as soon

as reasonably practicable after the commission of such offence.”

219

(3) If a person, required by a police officer under sub-section (1) or

sub-section (2) to provide a specimen of breath for a breath test, refuses or

fails to do so and the police officer has reasonable cause to suspect him of

having alcohol in his blood, the police officer may arrest him without warrant

except while he is at a hospital as an indoor patient.

(4) A person arrested under this section shall while at a police

station, be given an opportunity to provide a specimen of breath for a breath

test there.

(5) The results of a breath test made in pursuance of the provisions

of this section shall be admissible in evidence.

Explanation. - For the purposes of this section “breath test”, means a

test for the purpose of obtaining an indication of the presence of alcohol in a

person’s blood carried out, on one or more specimens of breath provided by

that person, by means of a device of a type approved by the Central

Government, by notification in the Official Gazette, for the purpose of such a

test.

Corresponding Law. – Section 203 corresponds to section 128-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 203 empowers the Police Officers to

require any person driving a motor vehicle in a public place to provide for

breath test and if, it is found that there is presence of alcohol in his blood or

urine, the Police Officer may arrest him without warrant.

204. Laboratory test. – (1) A person, who has been arrested under

section 203 may, while at a police station, be required by a police officer to

provide to such registered medical practitioner as may be produced by such

police officer, a specimen of his blood for a laboratory test if, -

(a) it appears to the police officer that the device, by means of which

breath test was taken in relation to such person, indicates the presence of

alcohol in the blood of such person, or

(b) such person, when given the opportunity to submit to a breath

test, has refused, omitted or failed to do so :

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Provided that where the person required to provide such specimen is

a female and the registered medical practitioner produced by such police

officer is a male medical practitioner, the specimen shall be taken only in the

presence of a female, whether a medical practitioner or not.

(2) A person while at a hospital as an indoor patient may be required

by a police officer to provide at the hospital a specimen of his blood for a

laboratory test -

(a) if it appears to the police officer that the device by means of

which test is carried out in relation to the breath of such person indicates the

presence of alcohol in the blood of such person, or

(b) if the person having been required, whether at the hospital or

elsewhere, to provide a specimen of breath for a breath test, has refused,

omitted or failed to do so and a police officer has reasonable cause to suspect

him of having alcohol in his blood :

Provided that a person shall not be required to provide a specimen of

his blood for a laboratory test under this sub-section if the registered medical

practitioner in immediate charge of his case is not first notified of the proposal

to make the requirement or objects to the provision of such specimen on the

ground that its provision or the requirement to provide it would be prejudicial

to the proper care or treatment of the patient.

(4) the results of a laboratory test made in pursuance of this section

shall be admissible in evidence.

Explanation. - For the purposes of this section, “ laboratory test “ means

the analysis of a specimen of blood made at a laboratory established,

maintained or recognised by the Central Government or a State Government.

Corresponding Law. - Section 204 corresponds to section 128-b of the

Motor Vehicles Act 1939.

Objects and Reasons - Clause 204 lays down the procedure for

laboratory test of blood and urine to be followed by Police officers in

suspected cases of drunken driving.

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205. Presumption of unfitness to drive - In any proceeding for an

offence epunishable under section 185 if it is proved that the accused ,

when requested by a police officer at any time so to do, had refused, omitted

or failed to consent to the taking of or providing a specimen of his breath

for a breath test or a specimen of his blood for a laboratory test, his refusal,

omission or failure may, unless reasonable cause therefor is shown, be

presumed to be a circumstance supporting any evidence given on behalf of the

prosecution or rebutting any evidence given on behalf of the defence, with

respect to his condition at that time.

Corresponding Law- section 205 corresponds to section 128-C of the

Motor Vehicles Act, 1939.

Objects and Reasons - Clause 205 lays down that refusal by a driver

to submit himself to breath test or urine test to prove drunkenness without any

reasonable case will amount to presumption by the Prosecution of the driver’s

unfitness to drive.

206. Power of police officer to impound document - (1) Any

police officer or other person authorised in this behalf by the State

Government may, if he has reason to believe that any identification mark

carried on a motor vehicle or any licence, permit, certificate of registration,

certificate of insurance or other document produced to him by the driver or

person in charge of a motor vehicle is a false document within the meaning

of section 464 of the Indian Penal Code , 1860 (45 of 1860 ) seize the mark or

document and call upon the driver or owner of the vehicle to account for his

possession of or the presence in the vehicle of such mark or document.

(2) Any police officer or other person authorised in this behalf by the

State Government may, if he has reason to believe that the driver of a motor

vehicle who is charged with any offence under this Act may abscond or

otherwise avoid the service of a summons, seize any licence held by such

driver and forward it to the Court taking coznizance of the offence and the

said Court shall on the first appearance of such driver before it, return the

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licence to him in exchange for the temporary acknowledgement given under

sub-section (3).

(3) A police officer or other person seizing a licnce under sub-section

(2) shall give to the person surrendering the licence a temporary

acknowledgement therefor and such acknowledgement shall authorise the holder

to drive until the licence has been returned to him or until such date as may

be specified by the police officer or other person in the acknowledgement,

whichever is earlier :

Provided that if any Magistrate, police officer or other person authorised

by the State Government in this behalf is, on an application made to him,

satisfied that the licence cannot be, or has not been returned to the holder

thereof before the date specified in the acknowledgement for any reason for

which the holder is not responsible, the Magistrate, police officer or other

person, as the case may be, may extend the period of authorization to drive to

such date as may be specified in the acknowledgement.

Corresponding Law. - Section 206 corresponds to section 129 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 206 gives powers to police officers to

impound documents in certain cases.

207. Power to detain vehicles used without certificate of

registration permit, etc.

– (1) Any police officer or other person authorised in

this behalf by the State Government may, if he has reason to believe that a

motor vehicle has been or is being used in contravention of the provisions of

section 3 or section 4 or section 39 or without the permit required by sub-

section (1) of section 66 or in contravention of any condition of such permit

relating to the route on which or the area in which or the purpose for which

the vehicle may be used, seize and detain the vehicle, in the prescribed

manner and for this purpose take or cause to be taken any steps he may

consider proper for the temporary safe custody of the vehicle :

Provided that where any such officer or person has reason to believe that

a motor vehicle has been or is being used in contravention of section 3 or

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section 4 or without the permit required by sub-section (1) of section 66 he

may, instead of seizing the vehicle, seize the certificate of registration of

the vehicle and shall issue an acknowledgement in respect thereof.

(2) Where a motor vehicle has been seized and detained under sub-

section (1), the owner or person in charge of the motor vehicle may apply to

the transport authority or any officer authorised in this behalf by the State

Government together with the relevant documents for the release of the vehicle

and such authority or officer may, after verification of such documents, by

order, release the vehicle subject to such conditions as the authority or officer

may deem fit to impose.

Corresponding Law. – Section 207 corresponds to section 129-A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 207 empowers a police officer to

impound a motor vehicle if he has reason to believe that the vehicle is being

driven without registration, without a permit, driven by a person who has no

driving licence or plying on unauthorised route and the vehicle may be

released only after satisfying that the vehicle complies with the requirement of

this section.

208. Summary disposal of cases. – (1) The Court taking cognizance

of any offence (other than an offence which the Central Government may be

rules specify in this behalf) under this Act, -

(i) may, if the offence is an offence punishable with imprisonment

under this Act; and

(ii) shall, in any other case.

State upon the summons to be served on the accused person that he –

(a) may appear by pleader or in person; or

(b) may, by a specified date prior to the hearing of the

charge, plead guilty to the charge and remit to the Court, by money order,

such sum (not exceeding the maximum fine that may be imposed for the

offence) as the Court may specify, and the plea of guilt indicated in the money

order coupon itself.

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Provided that the Court shall, in the case of any of the offence referred

to in sub-section (2), state upon the summons that the accused person, if

he pleads guilty, shall so plead in the manner specified in clause (b) and shall

forward his driving licence to the Court with his letter containing such plea.

(2) Where the offence dealt with in accordance with sub-section (1) is

an offence specified by the Central Government by rules for the purposes of

this sub-section, the Court shall, if the accused person pleads guilty to the

charge and forward his driving licence to the Court with the letter containing

his plea , make an endorsement of such conviction on his driving licence.

(3) Where an accused person pleads guilty and remits the sum

specified and has complied with the provisions of sub-section (1), or as the

case may be, sub-section (1) and (2), no further proceedings in respect of the

offence shall be taken against him nor shall be liable, notwithstanding anything

to the contrary contained in this Act, to be disqualified for holding or

obtaining a licence by reasons of his having pleaded guilty.

Corresponding Law. – Section 208 corresponds to section 130 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 208 provides for summary disposal of

certain cases and the procedure to be followed in such cases.

209. Restriction on conviction – No person prosecuted for an offence

epunishable under section 183 or section 184 shall be convicted unless –

(a) he was warned at the time the offence was committed that the

question of prosecuting him would be taken into consideration, or

(b) within fourteen days from the commission of the offence, a

notice specifying the nature of the offence and the time and place where it is

alleged to have been committed was served on or sent by registered post to

him or the person registered as the owner of the vehicle at the time of the

commission of the offence, or

(c) within twenty-eight days of the commission of the offence, a

summons for the offence was served on him:

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Provided that nothing, in this section shall apply where the Court

is satisfied that –

(a) the failure to serve the notice or summons referred to in this

sub-section was due to the f act that neither the name and address of the

accused nor the name and address of the registered owner of the vehicle could

with reasonable diligence have been ascertained in time, or

(b) such failure was brought about by the conduct of the accused.

Corresponding Law. – Section 209 corresponds to section 131 of

the Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 209 places some restrictions on

conviction of persons for certain offences.

210. Courts to send intimation about conviction.

– Every

Court by which any person holding a driving licence is convicted of an

offence under this Act or of an offence in the commission of which a motor

vehicle was used, shall send intimation to -

(a) the licensing authority which issued the driving licence, and

(b) the licensing authority by whom the licence was last renewed,

and every such intimation shall state the name and address of the holder of

the licence, the licence number, the date of issue and renewal of the same, the

nature of the offence, the epunishment awarded for the and such other

particulars as may be prescribed.

Corresponding Law. – Section 210 corresponds to section 131 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons.

– Clause 210 requires the Court convicting persons

holding driving licence to send intimation of the epunishment awarded with the

name and address of the licence holder, licence No., etc., to the licensing

authority.

CHAPTER XIV

MISCELLANEOUS

226

211. Power to levy fee. – Any rule which the Central Government

or the State Government is empowered to make under this Act may,

notwithstanding the absence of any express provision to that effect, provide for

the levy of such fees in respect of applications, amendment of documents,

issue of certificates, licences, permits, tests, endorsements, badges, plates,

countersignatures, authorisation, supply of statistics or copies of documents or

orders and for any other purpose or matter involving the rendering of any

service by the officers or authorities under this Act or any rule made

thereunder as may be considered necessary :

Provided that the Government may, if it considers necessary so to do, in

the public interest, by general or special order, exempt any class of persons

from the payment of any such fee either in part or in full.

Corresponding Law. – Section 211 corresponds to section 132 – A of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 212 empowers the Central Government

and the State Government to levy fees under this Act in respect of application,

certificate, etc.

212. Publication, commencement and laying of rules and

notifications.

– (1) The power to make rules under this Act is subject to the

condition of the rules being made after previous publication.

(2) All rules made under this Act shall be published in the Official

Gazette, and shall unless some later date is appointed, come into force on the

date of such publication.

(3) Every rule made by any State Government shall be laid, as soon

as may be after it is made, before the State Legislature.

(4) Every rule made by the Central Government under this Act, every

scheme made by the Central Government under sub-section (1) of section 75

and sub-section (1) of section 163 and every notification issued by the Central

Government under sub-section (4) of section 41, sub-section (1) of section 58,

sub-section (1) of section 59, the proviso to sub-section (1) of section 112,

227

13

[sub-section (4) of section 163-A] and sub-section (4) of section 213 shall be

laid, as soon as may be after it is made, before each House of Parliament

while it is in session for a total period of thirty days which may be comprised

in one session or in two or more successive sessions, and if, before the expiry

of the session immediately following the session or the successive sessions

aforesaid, both Houses agree in making any modification in the rule, scheme or

notification or both Houses agree that the rule or scheme should not be made

or the notification should not be issued, the rule, scheme or notification shall

thereafter have effect only in such modified form or be of no effect, as the

case may be; so, however, that any such modification or annulment shall be

without prejudice to the validity of anything previously done under that rule,

scheme or notification.

Corresponding Law. – Section 212 corresponds to section 133 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 213 provides for pre-publication of rules

which shall come into force from the date such publication and the rules made

by the Central Government and the State Government shall be places on the

table of the Legislature and of the Parliament respectively.

213. Appointment of motor vehicles officers. – (1) The State

Government may, for the purpose of carrying into effect the provisions of this

Act, establish a Motor Vehicles Department and appoint as officers thereof

such persons as it think fit.

(2) Every such officer shall be deemed to be a public servant within

the meaning of the Indian Penal Code, 1860.

(3) The State Government may make rules to regulate the discharge

by officers of the Motor Vehicles Department of their functions and in

particular and without prejudice to the generality of the foregoing power to

prescribe the uniform to be worn by them, the authorities to which they shall

be subordinate, the duties to be performed by them, the powers (including the

powers exercisable by police officers under this Act) to be exercised by them,

13. Inserted by Act 54 of 1994, S. 62 (w.e.f. 14-11-1994).

228

and the conditions governing the exercise of such powers.

(4) The Central Government may, having regard to the objects of

the Act, by notification in the Official Gazette, prescribe the minimum

qualifications which the said officers or any class thereof shall possess for

being appointed as such.

(5) In addition to the powers that may be conferred on any officer of

the Motor Vehicles Department under sub-section (3), such officer as may be

empowered by the State Government in this behalf shall also have the power to, -

(a) make such examination and inquiry as he thinks fit in order to

ascertain whether the provisions of this Act and the rules made thereunder are

being observed :

(b) with such assistance, it any, as he thinks fit, enter, inspect and

search any premises which is in the occupation of a person who, he has reason

to believe, has committed an offence under this Act or in which a motor

vehicle in respect of which such offence has been committed is kept :

Provided that, -

(i) any such search without a warrant shall be made only by

an officer of the rank of a Gazetted Officer;

(ii) where the offence is epunishable with fine only the search

shall not be made after sunset and before sunrise;

(iii)where the search is made without a warrant, the Gazetted

Officer concerned shall record in writing the grounds for not obtaining a

warrant and report to his immediate superior that such search has been made;

(c) examine any person and require the production of any register

or other document maintained in pursuance of this Act, and take on the spot

or otherwise statements of any person which he may consider necessary for

carrying out the purposes of this Act;

(d) seize or take copies or any registers or documents or portions

thereof as he may consider relevant in respect of an offence under this Act

which he has reason to believe has been committed;

229

(e) launch prosecutions in respect of any offence under this Act

and to take a bond for ensuring the attendance of the offender before any

Court ;

(f) exercise such other powers as may be prescribed;

Provided that no person shall be compelled under this sub-section to

answer any question or make any statement tending to incriminate himself.

(6) The provisions of the Code of Criminal Procedure, 1973 (2 of

1974) shall, so far as may be, apply to any search or seizure under this

section as they apply to any search or seizure under the authority of any

warrant issued under section 94 of the Code.

Corresponding Law. – Section 213 corresponds to section 133-A of

the Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 214 empower the State Government

to establish a Motor Vehicle Department and appoint officers for the purpose

of carrying into effect the provisions of the Act and the powers exercisable by

such officers. It also empowers the Central Government to prescribe

qualification for such officers.

214. Effect of appeal and revision on orders passed by

original authority.

– (1) Where an appeal has been preferred or an application

for revision has been made against any order passed by an original authority

under this Act, the appeal or the application for revision shall not operate as a

stay of the order passed by the original authority and such order shall remain

in force pending the disposal of the appeal or the application for revision, as

the case may be, unless the prescribed appellate authority or revisional

authority otherwise directs.

(2) Notwithstanding anything contained in sub-section (1), if an

application made by a person for the renewal of permit has been rejected by

the original authority and such person has preferred an appeal or made an

application for revision under this Act against such rejection, the appellate

authority or, as the case may be, the revisional authority may by order direct

that the permit shall, notwithstanding the expiration of the term specified

230

therein, continue to be valid until the appeal or application for revision is

disposed of,

(3) No order made by a competent authority under this Act shall be

reversed or altered on appeal or revision on account of any error, omission or

irregularity in the proceedings, unless it appears to the prescribed appellate

authority or revisional authority, as the case may be, that such error, omission

or irregularity has, in fact, occasioned a failure or justice.

Corresponding Law. - Section 214 corresponds to section 134 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 215 empowers the Appellate Authorities

to grant stay of the orders of the original authorities pending disposal of

appeal or revision petition and in the case of appeal against the orders refusing

the renewal of permit the Appellate Authority may order that the permit may

continue to be valid till the disposal of the appeal.

215. Road Safety Councils and Committees. – (1) The Central

Government may, by notification in the Official Gazette, constitute for the

country a National Road Safety Council consisting of a Chairman and such

other members as that Government considers necessary and on such terms and

conditions as that Government may determine.

(2) A State Government may, by notification in the Official Gazette,

constitute for the State a State Road Safety Council consisting of a Chairman

and such other members as that Government considers necessary and on such

terms and conditions as that Government may determine.

(3) A State Government may, by notification in the Official Gazette,

constitute District Road Safety Committee for each district in the State consisting

of a Chairman and such other members as that Government considers necessary

and on such terms and conditions as that Government may determine.

(4) The Councils and Committees referred to in this section shall

discharge such functions relating to the road safety programmes as the Central

Government or the State Government, as the case may be, may, having regard

to the objects of the Act, specify.

231

Corresponding Law. – This is a new provisions in the 1988 Act.

Objects and Reasons. – Clause 216 seeks to empower the Central

Government to constitute a National Road Safety Council and the State

Government to constitute a State Safety Council for the State and District

Road Safety Committee for the districts consisting of a Chairman and such

other members as that Government consider necessary on such terms and

conditions as that Government may determine.

216. Power to remove difficulties. – (1) If any difficulty arises in

giving effect to the provisions of this Act, the Central Government may, by

order published in the Official Gazette, make such provisions, not inconsistent

with the provisions of this Act as appear to it to be necessary or expedient for

removing the difficulty :

Provided that no such order shall be made after the expiry of a period

of three years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be

after it is made, be laid before each House of Parliament.

Corresponding Law. – This is a new provisions in the 1988 Act.

Objects and Reasons. – Clause 217 confers powers on Central Government to

issue orders to remove difficulties of any that may arises in giving effect to the

provisions of the Act and any such order shall be placed before each House of

Parliament.

217. Repeal and savings. – (1) The Motor Vehicles Act, 1939 (4 of

1939) and any law corresponding to that Act in force in any State immediately

before the commencement of this Act in that State (hereafter in this section

referred to s the repealed enactments) are hereby repealed.

(2) Notwithstanding the repeal by sub-section (1) of the repealed

enactments. –

(a) any notification, rule, regulation, order or notice issued, or

any appointment or declaration made, or exemption granted or any confiscation

made, or any penalty or fine imposed, any forfeiture, cancellation or any other

thing done or any other action taken under the repealed enactments, and in

232

force immediately before such commencement shall, so far as it is not

inconsistent with the provisions of this Act, be deemed to have been

issued, made, granted done or taken under the corresponding provision of this

Act;

(b) any certificate of fitness or registration or licence or permit

issued or granted under the repealed enactments shall continue to have effect

after such commencement under the same conditions and for the same period

as if this Act had not been passed;

(c) any document referring to any of the repealed enactments or

the provisions thereof, shall be construed as referring to this Act or to the

corresponding provision of this Act;

(d) the assignment of distinguishing marks by the registering

authority and the manner of display on motor vehicles in accordance with the

provision of the repealed enactments shall, after the commencement of this Act,

continue to remain in force until a notification under sub-section (6) of section

41 of this Act is issued;

(e) any scheme made under section 68-C of the Motor Vehicles

Act, 1939 (4 of 1939) or under the corresponding law, if any, in force in any

State and pending immediately before the commencement of this Act shall be

disposed of in accordance with the provisions of section 100 of this Act.

(f) The permits issued under sub-section (1-A) of section 68-F

of the Motor Vehicles Act, 1939 (4 of 1939), or under the corresponding

provisions, if any, in force in any State immediately before the commencement

of this Act shall continue to remain in force until the approved scheme under

Chapter VI of this Act is published.

(3) Any penalty payable under any of the repealed enactments may be

recovered in the manner provided by or under this Act, but without prejudice to any

action already taken for the recovery of such penalty under the repealed enactments.

(4) The mention of particular matters in this section shall not be held

to prejudice or affect the general application of section 6 of the General

Clauses Act, 1987 (10 of 1987) with regard to the effect repeals.

233

Corresponding Law. – Section 217 corresponds to section 135 of the

Motor Vehicles Act, 1939.

Objects and Reasons. – Clause 218 contains repeal and saving provisions.

14

[217-A. Renewal of permits, driving licences and registration

granted under the Motor Vehicles Act, 1939.

– Notwithstanding the repeal

by sub-section (1) of section 217 of the enactments referred to in that sub-

section, any certificate of fitness or registration licence or permit issued or

granted under the said enactments may be renewed under this Act.]

Corresponding Law.

– This is a new provisions in the 1988 Act.

14. Inserted by Act 27 of 2000, S. 5 (w.e.f. 11-8-2000).